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Federal Register / Vol. 49, No. 136 / Friday, July 13, 1964 / Rules and Regulations

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Federal Register / Vol. 49, No. 136 / Friday, July 13, 1964 / Rules and Regulations Federal Register / Vol. 49, No. 136 / Friday, July 13, 1964 / Rules and Regulations Fish and Wildlife Service [to 6 inches) across, with woody stems at the base and herbaceous stems 50 CFR Part If above. The short narrow leaves (5-12 millimeters long and 1-2 millimeters Endangered and Threatened Wildllfe wide] are dark green above and densely and Plants; Final Rule To Determine woolly below. At the ends of the Eriogonum Pelinophilum To Be an herbaceous branches there are clusters Endangered Species and To Designate of small white to cream flowers. The Its Critical Habitat plants grow in alkaline clay soils, locally AOENCY: Fish and Wildlife Service, referred to as adobes, on sparsely Interior. vegetated badlands of Mancos shale. ACTION: Final rule. They are apparently restricted to a band of whitish soil within the badlands. The SUMMARY: The Service has determined single population with two sites about Eriogonum pelinophilum (clay-loving % of a mile apart consists of 10,006 wild-buckwheat) to be an endangered individuals on 120 acres of private land species and has designated its critical between Austin and Hotchkiss in west- habitat under the authority of the central Colorado. Land adjacent to the Endangered Species Act. Only one population and between the two sites population of Eriogonum pelinophilum. has been fenced off for horse pastures with about 10,000 individuals, is known and corrals. As the horses consume all on 120 acres of private land in Delta the vegetation within a pasture, County, Colorado. The adjacent land additional land has been fenced off has been fenced off into horse corrals (there is little possibility of revegetatibn and pastures. All vegetation within in this desert area). The area containing these areas has been eliminated. The the population may be fenced off and only area where the clay-loving wild- overgrazed in the near future. All buckwheat is known to occur is under vegetation including the clay-loving imminent threat of similarly being wild-buckwheat would probably be lost. fenced off with the probable result being In addition, there is some off-road loss of the clay-loving wild-buckwheat. vehicle traffic over the population in This determination will provide connection with management of the opportunity for protection and horses and pasture. Thus, the species is management of the species under the vulnerable because of its restriction to a Endangered Species Act of 1973, as particular soil type and endangered by amended. the likely fencing of its habitat and EFFECTIVE DATE: The effective date of overgrazing by horses thereon. It is not this rule is August 13,1%X protected under any Colorado law. ADDRESSES: The complete file for this Section 12 of the Endangered Species rule is available for inspection, by Act of 1973 directed the Secretary of the appointment, during normal business Smithsonian Institution to prepare a hours of the Service’s Endangered report on those plants considered to be Species Staff at 134 Union Boulevard, endangered, threatened, or extinct. This fourth floor, Lakewood, Colorado. report, designated as House Document FOR FURTHER INFORMATION CONTACT: No. 94-51, was presented to Congress on Dr. James L. Miller, Regional Botanist, January 9,1975, and included Eriugonum Endangered Species Staff, U.S. Fish and pelinophilum. On July 1.1975, the Wildlife Service, P.O. Box 254813,Denver Dtiector published a notice in the Federal Center, Denver, Colorado 80225 Federal Register (40 FR 27823) of his - (30312342496 or FTS 234-2496). acceptance of the Smithsonian report as SUPPLEMENTARY INFORMATION: a petition within the context of Section 4(c)(2) of the 1973 Act, and of his Background intention thereby to review the status of Eriogonum pelinophilum (clay-loving the plant taxa named within. On June 16, wild-buckwheat) was first collected by 1976, the Service published a proposed Harold Gentry in 1958. However, the rule in the Federal Register [41 FR 24523) distinctiveness of Gentry’s collection to determine approximately 1,700 was not recognized until 1971, when Dr. vascular plant taxa to be endangered James Reveal conducted an analysis of species pursuant to Section 4 of the Act. the species group [Reveal, 1971). Even This list was assembled on the basis of J: then. repeated searches were made comments and data received by the before he relocated the site in 1972 Smithsonian Institution and the Service (Reveal, 1973). Additional localities in response to House Document No. 94- have not been found despite extensive 51 and the July 1975 Federal Register field searches in 1981 and 1983. notice. Eriogonum pelinophilum was Eriogonum pelinophilum is a low, included in the July 1975 notice (40 FR rounded subshrub only 5-10 centimeters 27881) and in the June 1976 proposal [41 (to 4 inches) high and 8-15 centimeters FR 24560). General comments received Feder8J RegMer / Vol. 49, No. 136 / Friday, July 13, 1964 / Rules and Regulations 28563 in relation to the IS78 proposal were acres indicated in the propoea1 to 175 buckwheat, wouid be removed in a short summarized in the April 26,1976, 8cres. The Governor abo reminded the time by horses and mules, as it has been Federal Registar (43 FR f7999J. Service to recognize the interests of the in the adjacent fenced areas. The Endangered Species Act private landowners as it took steps to D. The inadequacy of existing amendments of 1978 required that all protect the species. The BLM indicated regulatory mechanisms. No Federal or proposals over 2 years old be it had no new data on the species. The State laws currently protect Eriogonum withdrawn. On December 10.1979, the Service agrees with the comments and pelinophilum or its habitat. The Service published a notice of the has made changes accordingly, except Endangered Species Act offers withdrawal of the still aDDlic8ble that further study has resulted in possibilities for protection of this portions of the June 1976 proposal along recognition that the complete area species. with other proposals that had expired occupied by the species is 120 acres E. Other natural or manmade factors (44 FR 70796). The July 1975 notice was rather than 175 acres. affecting its continued existence. replaced on December 15,1966. by the Because the continuance of this species Service’s publication in the Federal Summary of Factors Affecting the Species depends on only one population, its Register (45 FR 62479) of a new notice of survival is endangered by inadvertent review for plants, which included After 8 thorough review and actions in the area that do not take its Eriogonum pelinophilum. No comments consideration of 811information presence into account. It is not know on this species were received in available. the Service has determined whether the probable loss of plants on response to the 1966 notice. On February that Eriogonum pelinophilum should be fencing and grazing the area between 15,1983, the Service published a notice classified 8s an endangered species. the two sites of the population has in the Federal Register 148 FR 6752) of its Procedures found at Section 4(8)(l) of resulted in depletion of the genetic prior finding that the petitioned action the Endangered Species Act [16 U.S.C. variation in the species. on this species may be warranted, in 1531 et seq.] and regulations accord with Section 4[b)(3)(A) of the Act promulgated to implement the listing The Service has carefully assessed the as amended in 1962. On June 22.1983, provisions of the Act [codified at 56 CFR best scientific information available the Service published a proposed rule Part 424; under revision to accommodate regarding the past, present, and future (48 FR 26504) to list Eriogonum 1982 Amendments-see proposal at 48 threats faced by this species in pelinophilum as an endangered species, FR 36662, August 8.1983) were followed. determining to make this rule final. including a finding that the petitioned A species may be determined to be an Based on this evaluation, the Service action was warranted, in accord with endangered or a threatened species due has determined to list Eriogonum Section 4(b)(3)(B)(ii) of the Act, snd also to one or more of the five factors pelinophilum as an endangered species. proposed critical habitat for the species. described in Section 4(a)(l). These In view of the threat to its entire habitat, factors and their application to this appears to be the correct Summary of Comments and Eriogonumpelinophilum Reveal (clay- assessment of the situation faced by this Recommendations loving wild-buckwheat) are 8s follows: species. Critical habitat is being In the June 22.1963, proposed rule (48 A. The present or threatened designated for the reasons discussed in FR 26594) and associated notifications, destruction, modification, or curtaiIment the following section. A decision to take all interested parties were requested to of its habitat or range. Eriogonum no action would exclude Eriogonum submit factual reports or information pelinophilum is in danger of having its pelinophilum from needed protection that might contribute to the development remaining habitat fenced off into horse available under the Endangered Species. of a final rule. Appropriate State pastures and corrals. The subsequent Act. Therefore, no action or listing as agencies, county governments. Federal grazing and trampling could destroy this threatened would be contrary to the agencies, scientific organizations, and species. Its range would be greatly Act’s intent. other interested parties were contacted curtailed if not entirely eliminated. Critical Habitat and requested to comment. Newspaper Adjacent areas have already been notices were published in the Delta fenced off end grazed, reducing the Critical habitat, as defined by Section County Independent on July 4,11,18. population and apparently splitting it 3 of the Act, means:-(i) The specific and 25, 1983, which invited general into two sites separated by about s/r of a areas within the geographical area public comment.
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