Friday, January 12, 2007

Part III

Fish and Wildlife Service 50 CFR Parts 17 Endangered and Threatened Wildlife and Plants; Withdrawal of Proposed Rule To List Lepidium papilliferum (Slickspot Peppergrass); Proposed Rule

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DEPARTMENT OF THE INTERIOR Francis Macbride in 1913, based on its produced by a single L. papilliferum distinctive growth habit, short lifespan, plant (Quinney 1998, pp. 15 and 17), Fish and Wildlife Service and unusual pubescence (Nelson and with individual biennial plants Macbride 1913, p. 474). Hitchcock producing a much greater number of 50 CFR Part 17 regarded L. papilliferum as L. seeds than annual plants (Meyer et al. RIN 1018–AU99 montanum var. papilliferum (Hitchcock 2005, p. 15). Average seed output for et al. 1964, p. 516; Hitchcock and annual plants at the Orchard Training Endangered and Threatened Wildlife Cronquist 1973). In a review of taxa in Area (OTA) (an Idaho Army National and Plants; Withdrawal of Proposed the mustard family (Brassicaceae), Guard training area on BLM land) in Rule To List Lepidium papilliferum Rollins (1993) maintained the species 1993, was 125 seeds per plant, and in (Slickspot Peppergrass) based on differences in the physical 1994, was 46 seeds per plant. Biennial features between L. papilliferum and L. seed production in 1993 and 1994 AGENCY: Fish and Wildlife Service, montanum. More recently, a taxonomic averaged 787 and 105 seeds per plant, Interior. review concluded that L. papilliferum respectively (Meyer et al. 2005, p. 16). ACTION: Proposed rule; withdrawal. warrants species recognition based on Lepidium papilliferum seeds distinct morphological features (Lichvar produced in a given year are dormant SUMMARY: We, the U.S. Fish and 2002), and a contrasting life history for at least a year before any germination Wildlife Service (Service), again when compared to L. montanum takes place. Following this year of withdraw our July 15, 2002, proposal regarding seed dormancy and its seed dormancy, approximately 6 percent of (67 FR 46441) to list Lepidium bank (Meyer et al. 2005, p. 21). The seeds produced in a given year papilliferum (slickspot peppergrass) as preliminary results of recent genetic germinate annually and approximately 3 an endangered species under the studies comparing L. papilliferum with percent die annually (Meyer et al. 2005, Endangered Species Act of 1973, as L. montanum indicate that L. pp. 17, 18). After 12 years, all seeds in amended (Act). The best available data papilliferum forms a monophyletic a given cohort will likely have either for L. papilliferum indicates that, while group or subgroup that is genetically died or germinated (Meyer et al. 2005, its sagebrush-steppe matrix habitat is distinct from L. montanum (Larson et al. p. 18). Seeds are released in late June or degraded, there is little evidence of 2006, p. 13 and Figs. 4, 8; Smith 2006, early July. negative impacts on the abundance of L. pp. 5–7, Fig. 1). The currently accepted Like many short-lived plants growing papilliferum, which inhabits slickspot taxonomy recognizes Lepidium in arid environments, above-ground microsites within this system. Annual papilliferum (Henderson) A. Nels and numbers of Lepidium papilliferum abundance of the plant is strongly J.F. Macbr as a full species (Taxonomic individuals can fluctuate widely from correlated with spring precipitation, Serial No. 53383, Integrated Taxonomic one year to the next, depending on therefore a high degree of variability in Information System (ITIS), 2006). seasonal precipitation patterns annual abundance is to be expected. (Mancuso and Moseley 1998, p. 1; Data on overall population trends are Biology Meyer et al. 2005, pp. 4, 12, 15; Palazzo inconsistent; although recent declines Lepidium papilliferum is a taprooted, et al. 2005, p. 9; Menke and Kaye 2006a, that do not correlate with spring rainfall intricately branched plant. The plant p. 8; Menke and Kaye 2006b, pp. 10, are noted in one portion of the species’ flowers once and then dies (it is 11). In an analysis of monitoring data, range, range-wide data demonstrate monocarpic), and displays two different minimum and maximum temperatures increases in abundance that continue to life cycles, an annual and a biennial were not statistically correlated with L. track consistently with rainfall during form. The plant averages 2 to 8 inches papilliferum abundance (Menke and those same years. The best available (in) (5 to 20 centimeters (cm)), but can Kaye 2006b, p. 8). Above-ground plants range-wide data indicate that abundance reach up to 16 in (40 cm) in height. represent only a portion of the of the population range-wide is strongly Leaves and stems are covered with fine, population; the seed bank (a reserve of correlated with precipitation and has soft hairs, and the leaves are divided dormant seeds, generally found in the increased in recent years in association into linear segments. Flowers are soil) contributes the other portion, and with increased rainfall, as expected. numerous, 0.1 in (3 to 4 millimeter apparently in many years constitutes the ADDRESSES: Supporting documentation (mm)) diameter, white, and 4-petalled. majority of the population (Mancuso for this action is available for public Fruits (siliques) are 0.1 in (3 mm), round and Moseley 1998, p. 1). According to inspection, by appointment, during in outline, flattened, and 2-seeded Meyer et al. (2005, p. 21), ‘‘Without a normal business hours at the Snake (Moseley 1994, pp. 3 and 4; Holmgren persistent seedbank, L. papilliferum River Fish and Wildlife Office, 1387 S. et al. 2005, p. 260). could probably not succeed as an The annual form of the Lepidium Vinnell Way, Boise, ID 83709. annual in its stochastically varying papilliferum matures, reproduces by habitat.’’ Seed banks are adaptations for FOR FURTHER INFORMATION CONTACT: setting seed, and dies in one growing survival in a ‘‘risky environment,’’ Jeffery Foss, Field Supervisor, Snake season. The biennial life form initiates because they buffer a species from River Fish and Wildlife Office at the growth in the first year as a rosette, but stochastic impacts such as lack of soil above address; by telephone at 208/378– does not produce seed and die until the moisture (Baskin and Baskin 2001, p. 5243; by facsimile at 208/378–5262; or second year. Biennial rosettes must 160). by electronic mail at: survive dry summers on the Snake River Lepidium papilliferum seeds have an [email protected]. Plain and Owyhee Plateau, and extremely patchy distribution, making it SUPPLEMENTARY INFORMATION: consequently many of these rosettes die difficult to estimate seed density before flowering and producing seed. without taking a large number of Species Information The proportion of annuals versus samples (Meyer and Allen 2005, pp. 5, Lepidium papilliferum was originally biennials in a population can vary 6). The vast majority of L. papilliferum described as L. montanum var. greatly (Meyer et al. 2005, p. 15). seeds in slickspots (see Ecology and papilliferum in 1900 by Louis Depending on individual plant vigor Habitat section) have been located near Henderson. It was renamed L. and the effectiveness of pollination, the soil surface, with lower numbers of papilliferum by Aven Nelson and J. dozens, if not thousands, of seeds can be seeds located in deeper soils (Meyer et

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al. 2005, p. 19; Palazzo et al. 2005, p. more successful fruit production travel or that seed dispersal can occur. 3). L. papilliferum seeds have been (Robertson 2003a, p. 5; Robertson and Despite the distance that separates the found in slickspots with no above- Klemash 2003, p. 339; Robertson and Snake River Plain and the Owyhee ground plants (Meyer et al. in press, p. Ulappa 2004, p. 1707). In pollination Plateau populations, plants from these 18; Palazzo et al. 2005, p. 10). Viable experiments where researchers moved two areas share a 94-percent similarity seeds have also been located outside of pollen from one plant to another, fruit in allelic diversity. This high degree of slickspots, indicating that some seed production was observed to be higher similarity suggests that they were either dispersal is occurring beyond slickspot with pollen from distant sources 246 to part of one continuous distribution or habitat (Palazzo et al. 2005, p. 10). The 330 feet (ft) (75 to 100 meters (m)) away they originated from similar ancestral primary seed dispersal mechanism for L. within a plant patch, and 4 to 12.4 miles material (Stillman et al. 2005, pp. 6, 8, papilliferum has not been identified and (mi) (6.5 to 20 kilometers (km)) away 9). Sites in the Snake River Plain with is not known (Robertson and Ullappa from another patch of plants (Robertson fewer numbers of plants had less genetic 2004, p. 1708). and Ulappa 2004, p. 1705). Genetic diversity than sites with larger numbers Lepidium papilliferum seeds located exchange can occur either thorough of plants. Interestingly, a correlation near the soil surface show higher rates pollen or seed dispersal. between population size and genetic of germination and viability (Meyer and Lepidium papilliferum has been diversity did not exist in the Owyhee Allen 2005, pp. 6 to 8; Palazzo et al. observed to be visited by at least 25 Plateau region. The authors suggested 2005, p. 10), and the greatest seedling families of insects, although only some that this may be because the Owyhee emergence success rate (Meyer and of these insects serve as effective Plateau region is less fragmented than Allen 2005, pp. 6 to 8). Seeds were more pollinators (Robertson 2003b, pp. 10, 11; the Snake River Plain, but suggested abundant, more viable, and had greater Robertson and Klemash 2003, p. 336). further genetic research is needed. germination percentages and rates from Scarcity of pollinators were not found to Larson (2006, p. 14 and Fig. 4) also the upper 2 in (5 cm) of soil (Palazzo et limit seed set at any site (Robertson et found geographically well-defined al. 2005, pp. 8, 10). In another study, the al. 2004, p. 14). Pollinators include populations of Lepidium papilliferum highest level (60 percent) of seedling insects from several families of bees and between the Snake River Plain and emergence was observed at a seed depth ants (Hymenoptera), including Apidae, Owyhee Plateau based on genetics. In of 0.1 in (approximately 2 mm), with a Halictidae, Sphecidae, and Vespidae; contrast to the Stillman et al. (2005) marked decrease in seedling emergence beetles (Coleoptera), including study, Larson’s findings indicate the at 0.2 in (approximately 5 mm) (Meyer Dermestidae, Meloidae, and Melyridae; possibility of depressed genetic and Allen 2005, pp. 6, 7). flies (Diptera), including Bombyliidae, diversity in L. papilliferum based on Deep burial of slickspot peppergrass Syrphidae, and Tachinidae; and others significantly greater average similarity seeds (average depths greater than 5.5 in (Robertson and Klemash 2003, p. 336). coefficients within collection sites of L. (14 cm)) entombs seeds that are still The pollen transfer efficiency for L. papilliferum compared to those of L. viable and preserves them beyond the papilliferum varies among these insects. montanum, (Larson et al. 2006, p. 13). 12-year period previously assumed as Pollinators of L. papilliferum with high the maximum period of viability for pollen transfer efficiencies and Ecology and Habitat Lepidium papilliferum seeds (Meyer visitation rates include sphecid and The habitat of Lepidium papilliferum and Allen 2005, pp. 6, 9). While there vespid wasps, bombyliid and tachnid is found within semiarid sagebrush- may be processes such as badger flies, and honeybees, with lesser steppe habitats in southern Idaho. This (Taxidea taxus) burrow-digging that contributions from halictid bees. plant is known from the extensive could return these buried viable seeds to The genetics of Lepidium papilliferum volcanic plains of the Snake River Plain the near-surface, the successful were studied using samples collected (and foothills) and the Owyhee Plateau, establishment of seedlings may be from areas across the entire range of the with most element occurrences (EOs) reduced due to modification of soil species, including both the Snake River occurring on flat to gently sloping layers following previous disturbance Plain and a disjunct range on the terrain (see Figure 1 below). Element events (Meyer and Allen 2005, pp. 6, 8). Owyhee Plateau (Stillman et al. 2005, occurrences are defined as ‘‘an area of The effects of environmental threats pp. 6, 8, 9). The largest amounts of land in which a species is or was such as wildfire on L. papilliferum seed genetic difference occurred between the present’’ (NatureServe 2002). L. dormancy and viability are currently Snake River Plain and the Owyhee papilliferum is associated with basalt unknown. Plateau populations. The Snake River Lepidium papilliferum has low seed Plain and the Owyhee Plateau ridges and plains, stable piedmont, and set in the absence of pollinators, and is populations are separated by 44 mi (70 older alluvial floodplains and deposits primarily an outcrossing species km), which is considered beyond the (Fisher et al. 1996, pp. 14, 16). requiring pollen from separate plants for distance that insect pollinators can BILLING CODE 4310–55–C

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BILLING CODE 4310–55–P with a more columnar or prismatic to about 110 ft 2 (10 m 2) (Mancuso et al. Range-wide, Lepidium papilliferum is structure; higher alkalinity and clay 1998, p. 1), but most are between 10 ft 2 associated with visually distinct content and natric (higher sodium) and 20 ft 2 (1 m 2 and 2 m 2). microsites known as slickspots (mini- properties (Fisher et al. 1996, pp. 15, 16; Slickspots cover a relatively small playas or natric sites) (Moseley 1994, p. Meyer and Allen 2005, pp. 3 to 5, 8); cumulative area within the larger 7). Slickspots are distinguished from the and reduced levels of organic matter sagebrush-steppe matrix, and only a surrounding sagebrush matrix as having and nutrients due to lower biomass small percentage of slickspots are the following characteristics— production (Meyer and Quinney 1993, known to be occupied by Lepidium microsites where water pools when rain pp. 3, 6; Fisher et al. 1996, p. 4). The papilliferum. For example, a thorough falls (Fisher et al. 1996, pp. 2, 4); little slickspots range in size from less than field inventory within the Juniper Butte vegetation; more distinct soil layers 10 square feet (ft 2) (1 square meter (m 2)) Range in 2002 found that of the 11,070

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acres (ac) (4,480 hectares (ha)) surveyed, of wind-carried salts (often loess Menke and Kaye (2006a, p. 8) utilized approximately 1 percent (109 ac (44 ha)) deposits) produced soils high in sodium Habitat Integrity Index (HII) range-wide consisted of slickspot habitat, and only (natric) (Nettleton and Petersen 1983, p. data collected from 1998 to 2001. Menke 4 percent of the slickspot habitat was 191; Seronko 2006, p. 1). It may take and Kaye (2006b, pp. 10, 11) utilized HII occupied by above-ground L. several hundred years to alter or lose data collected from 1998 to 2002, as papilliferum plants (U.S. Air Force slickspots through natural climate well as 2004 Habitat Integrity and 2002, p. 9). The total amount of change or severe natural erosion Population (HIP) data. Meyer et al. occupied slickspot habitat (above- (Seronko 2006, p. 1). Some researchers (2005, p. 15) utilized demographic data ground plants and known occurrences hypothesize that, given current climatic from the OTA collected from 1993 to of seed in the soil) within this large conditions, new slickspots are no longer 1995. Palazzo et al. (2005, p. 9) found occurrence was approximately 4 ac (1.6 being created (Nettleton and Petersen a positive relationship (p-value of less ha) at the time it was surveyed (0.1 1983, pp. 166, 191, 206), but that some than 0.01) between above-ground plants percent of the acreage). slickspots subjected to light disturbance and February to June precipitation. Based on studies in 2004 on the in the past may re-form (Seronko 2006, Menke and Kaye (2006a, p. 8) found Orchard Training Area (OTA), a training p. 1). Slickspots may be destroyed and March to May precipitation accounted area of the Idaho Army Reserve National lost to disturbances that alter the for 99.4 percent (2006a, p. 8) and 89 Guard (IARNG) on the Snake River physical properties of the soil layers. percent (2006b, pp. 10, 11) of the Plain, slickspots have three primary The forces that hold clay particles variation in L. papilliferum numbers. layers: the surface silt layer, the together are greatly weakened when Meyer et al. (2005, p. 15) found that an restrictive layer, and the moist clay sodium-clay and water come into increase in February through May layer beneath. The top two layers contact. In this condition, clay particles precipitation increased the number of L. (surface silt and restrictive) of slickspots are easily detached or dispersed from papilliferum seedlings at the OTA. This are very thin; the surface silt layer varies larger aggregates, i.e., slickspot soils are correlation of abundance with spring in thickness from 0.1 to 1.2 in (a few especially susceptible to mechanical rainfall is important, as it at least mm to 3 cm) in slickspots known to disturbances when wet (Rengasmy et al. partially explains past fluctuations in support Lepidium papilliferum, and the 1984, p. 63; Seronko 2004, pp. 1, 2). population numbers, and suggests that restrictive layer varies in thickness from Such disturbances disrupt the soil perceived declines were largely a result 0.4 to 1.2 in (1 to 3 cm) (Meyer and layers important to Lepidium of years with low precipitation levels. Allen 2005, p. 3). The moist clay basal papilliferum’s seed germination and Menke and Kaye (2006b, p. 8) also layer, which continues down to seedling growth. Meyer and Allen found that minimum and maximum bedrock, is consistently below the (2005, p. 9) suggest that if sufficient temperatures were not statistically restrictive layer (Meyer and Allen 2005, time passes following the disturbance of correlated with L. papilliferum p. 3). All slickspots have variations in slickspot soil layers, it is possible that abundance. surface silt thickness. the slickspot soil layers may reform The sparse native vegetation naturally As part of the Lepidium papilliferum similar to their pre-disturbance present at slickspots suggests that Habitat Integrity and Population (HIP) configuration. Slickspots that no longer Lepidium papilliferum is more tolerant monitoring conducted range-wide in support L. papilliferum, but still retain than surrounding vegetation at 2005, the depth of the surface silt layer the thin silt and restrictive layer surviving in alkaline soils and spring was measured 3 times in every slickspot structure, are the most likely sites to inundation. Plant ecology literature along 79 transects across the range of L. support reintroductions. Restoration suggests that plants tolerant of stress papilliferum; a total of 769 slickspots and species reintroduction potential for (e.g., alkaline soils) are poor competitors were sampled. Measurements were L. papilliferum habitat have not been (Grime 1977, p. 1185). taken directly adjacent to live L. studied. papilliferum plants; the range-wide The highest monthly temperatures Range and Distribution mean surface silt layer depth was 0.31 within the range of Lepidium Lepidium papilliferum is known only in (0.78 cm) (Colket 2006a). papilliferum normally occur in July from the Snake River Plain and its The surrounding sagebrush matrix (approximately in the low 90 degrees adjacent northern foothills (an area 90 soils are distinguished from slickspot Fahrenheit (approximately 33 degrees by 25 mi (145 by 40 km)) in southwest soils by a deeper silt layer with a clay Celsius)), and lowest monthly Idaho, and a disjunct population on the layer beneath, and usually the temperatures occur in January Owyhee Plateau in Idaho (see Figure 1 restrictive layer is lacking (Meyer and (approximately in the low 20 degrees above). The plant occurs at elevations Allen 2005, pp. 3 to 5). Non-slickspot Fahrenheit (minus 7 degrees Celsius)). ranging from approximately 2,200 ft soils at the OTA had thick silt layers Average precipitation within the (670 m) to 5,400 ft (1,645 m) in Ada, with a mean depth of 4.7 in (12 cm); the species’ range is 11.7 in (29.7 cm) for Canyon, Gem, Elmore, Payette, and silt layer typically transitioned directly Boise, 7.4 in (18.8 cm) for Bruneau, and Owyhee Counties (Moseley 1994, pp. 3 into the clay layer beneath, although 9.9 in (25.1 cm) for Mountain Home. to 9). The separation of population some samples had restrictive layers Precipitation tends to fall as rain, centers into two physiographic regions which were abnormally thickened (over primarily in winter and spring is important for the conservation of L. 3.9 in (10 cm)) (Meyer and Allen 2005, (November to May); the lowest rainfall papilliferum. We regard the two pp. 3 to 5, 8). occurs in July and August, and June, physiographic regions as two distinct It is unknown how long slickspots September, and October receive slightly metapopulations, the Snake River Plain take to form, but it is hypothesized to more. Freeze-free days average about metapopulation and the Owyhee take several thousands of years 120 days in Boise, 146 days in Bruneau, Plateau metapopulation. (Nettleton and Petersen 1983, p. 193; and 138 days in Mountain Home (WRCC Metapopulation concepts are useful Seronko 2006, p. 1). The conditions that 2006). when considering fragmented habitats, allowed for the formation of slickspots Spring precipitation has been such as those within L. papilliferum’s in southwestern Idaho are thought to correlated with above-ground numbers range, because they include discussion have occurred during a wetter of Lepidium papilliferum in several of when extinction events exceed Pleistocene climate. Holocene additions analyses. Palazzo et al. (2005, p. 9) and colonization events, which can cause

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the species to not persist (Husband and The approximate extant range of the percent) have an unknown number of Barrett 1996, pp. 461 to 462). plant was first described in 1994 individuals. In 2003, a ‘‘Candidate Conservation (Moseley 1994, p. 6), and has not Two monitoring methods, HII and Agreement for Slickspot Peppergrass changed substantially since, although HIP, have been used range-wide for (Lepidium papilliferum)’’ (CCA) was the amount of known occupied habitat, Lepidium papilliferum. Each included developed by several State, Federal, and particularly on the Owyhee Plateau, has different methodologies, but are still private entities in Idaho (State of Idaho expanded in recent years. Since 2003, useful for tracking abundance at et al. 2003) (see Previous Federal sixteen new occurrences, all within 3 mi transects across the two efforts. HII Actions section). The CCA is based on (4.8 km) of previously existing monitoring was developed to assess the two geographical management areas that occurrences, have been documented: 2 overall habitat condition that includes include known EOs, one on the Snake on the Snake River Plain with an area attributes associated with the slickspots River Plain and a second on the Owyhee of 2.7 ac (1 ha) and approximately 2,500 and the sagebrush-steppe habitat, Plateau, called ‘‘consideration zones.’’ individuals, and 14 on the Owyhee occurred for 4 years (1998 to 2001), and Although somewhat arbitrary in nature, Plateau with an area of 46.6 ac (18 ha) is presented in various reports this designation is useful for and approximately 650 individuals (Mancuso and Moseley 1998; Mancuso management purposes. There are (Colket et al. 2006, Tables and et al. 1998; Mancuso 2000, 2001, 2002; 1,595,205 ac (645,597 ha) within the Appendix A). It should be noted that Menke and Kaye 2006a, b). HIP Snake River Plain consideration zone, not all potential L. papilliferum habitat monitoring was developed to assess the and 126,946 ac (51,373 ha) within the in southwest Idaho has been surveyed, overall habitat condition that includes Owyhee Plateau consideration zone. and it is likely that additional occupied those attributes associated with the Factors affecting the species vary L. papilliferum sites will be found. slickspots and the sagebrush-steppe between the two physiographic regions. Estimating the number of individuals habitat, and also the effectiveness of the For example, urban and rural (abundance) of Lepidium papilliferum is CCA. HIP monitoring was conducted in development, agriculture, and confounded by its annual or biennial 2004 and 2005 (State of Idaho et al. infrastructure development of life cycle, because the number of 2006, p. 18), and is expected to sagebrush-steppe habitat has been individuals of each life form can continue. HIP monitoring results in substantial within the Snake River fluctuate widely depending on 2004 are reported in Menke and Kaye Plain, but little development has precipitation. To assess abundance, we 2006b, and results through 2005 are occurred within the Owyhee Plateau utilized four available data sets: range- included in our report ‘‘Best Available portion of L. papilliferum’s range. wide EO records maintained by the Biological Information for Slickspot Element occurrences have been used Idaho Conservation Data Center (CDC), Peppergrass (Lepidium papilliferum)’’ to describe distribution of Lepidium range-wide data associated with the HII/ (USFWS 2006f, Figures 8, 9). Although papilliferum by assuming that slickspots HIP monitoring, transect monitoring neither the HII nor HIP methodologies within 1 kilometer (0.6 mi) of each other data collected on the OTA, and special have been peer reviewed, they represent are capable of genetic exchange through use plot data from the OTA. the best available survey and monitoring pollination (Colket and Robertson, pers. As of February 2006, the Idaho CDC techniques for L. papilliferum. comm. 2006). As of February 2006, there had ranked 101 EO records for Lepidium Abundance data for Lepidium were 85 delineated EOs that occupied papilliferum (Colket et al. 2006a, pp. 15 papilliferum have been collected range- 13,359 ac (5,406 ha) (Colket et al. 2006). to 41); 9 are ranked as extirpated (lost) wide since 1998, and collected at the We estimate that the actual acreage or probably extirpated, and 7 are OTA since the early 1990s. The range- occupied by L. papilliferum is only a considered historical (information for wide HII and HIP transect data illustrate fraction of a percent of this total acreage most is too vague for relocation). All 9 that plant abundance is positively number because the majority of extirpations were verified locations correlated with spring precipitation, and slickspots are not occupied by L. from old herbarium collections, the specifically that rainfall in the months papilliferum and slickspots occupy a most recent from 1955, where the of March through May accounts for 89 small percentage of the landscape (see habitat has been completely converted percent of the variability in plant U.S. Air Force 2002, p. 9, for an to urban or agricultural lands (Colket et numbers (Menke and Kaye 2006b, p. example). Of these EOs, 60 (11,025.3 ac al. 2006, Table 13). The remaining 85 10). Plant abundance therefore (4,461.8 ha)) occur on the Snake River records (as of February 2006) are for EOs fluctuates widely between years in Plain, and 25 (2,333.8 ac (944.5 ha)) considered extant (existing). In the association with precipitation. In the occur on the Owyhee Plateau (Colket et review of EO specifications and ranks areas monitored by HII and HIP, Menke al. 2006, Table 14). Of the total EO conducted in February 2006, observed and Kaye (2006b, p. 10) report that L. acreage, 521 ac (211 ha) (3.9 percent) abundance was categorized as being papilliferum abundance decreased occur on private lands, 1,254 ac (507 ha) greater than 1,000 plants, 400 to 999 range-wide between 1998 and 1999, (9.4 percent) occur on lands managed by plants, 50 to 399 plants, less than 50 remained low through 2002, and began the State of Idaho, and 11,582 ac (4,687 plants, 0 plants, or an unknown number to increase again beginning in 2002. ha) (86.7 percent) occur on Federal of plants. This classification was based This pattern closely tracks that of lands (USFWS 2006c). On the Snake on the number of plants present at the rainfall during those same years. River Plain, 85 percent of the EO last survey, regardless of year and Abundance data from transects at the acreage occurs on federally managed associated precipitation patterns. OTA illustrate declines in abundance lands, 10.3 percent of the EO acreage Existing data provide an estimated first noted in 1996, with a declining occurs on State-managed lands, and 4.7 abundance for extant EOs: 15 (18 trend in recent years that is not percent of the EO acreage occurs on percent) have over 1,000 plants, 11 (13 correlated with spring precipitation private lands. On the Owyhee Plateau, percent) have between 400 and 999 (Weaver 2006, pp. 1–6). Abundance data 94.7 percent of the EO acreage occurs on plants, 1 (1 percent) has about 400 from the range-wide HII and HIP Federally managed lands, with the plants, 18 (21 percent) have between 50 transects showed increasing trends in L. remaining 5.3 percent occurring on and 399 plants, 22 (26 percent) have papilliferum between the years 2002 State managed lands; no EOs on the fewer than 50 plants, 9 (11 percent) had and 2005 (no data were collected in Owyhee Plateau occur on private lands. no plants at the last visit, and 9 (11 2003) (USFWS 2006f, Figures 8, 9).

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Thus range-wide abundance data from correlating with spring precipitation cheatgrass (Bromus tectorum) and some the HII and HIP transects continue to (USFWS 2006f, Figures 8, 9). Data are crested wheatgrass (Agropyron show a consistently positive correlation incomplete for 2002 and 2003. Menke cristatum); 11 (14 percent) were with spring precipitation. We consider and Kaye (2006b, p. 19) report that classified as burned and dominated by this range-wide data to be the best ‘‘populations generally decreased cheatgrass; and 4 (6 percent) were available at this time. during 1998–2004 and these trends classified as burned and seeded with We conducted a review of the appear to be strongly influenced by crested wheatgrass (Colket 2005a, p. 8). abundance data and study methodology spring precipitation.’’ In contrast to the In summary, over 42 percent of the HIP following the reopened comment period results reported from the OTA, range- vegetation plots along HIP transects on the proposal to list L. papilliferum as wide abundance of Lepidium were in habitats with over 33 percent endangered (October 23, 2006, to papilliferum as measured by the HII and nonnative, invasive plant cover. November 13, 2006; 71 FR 62078). A HIP increased as spring precipitation Menke and Kaye (2006b) evaluated review of the special use plot counts at increased in the years 2002 through the association between measures of the OTA (USFWS 2006e, Figure 7) 2005 (USFWS 2006f, Figures 8, 9). habitat quality measured by HIP and shows a decline in plant numbers Comparing years 1998 and 2005, which abundance of L. papilliferum. For the during the drought years of 1992 (249 are relatively comparable in terms of one year for which data were available plants), 1997 (624 plants), and 2002 range-wide spring precipitation (6.6 (2004), they report that L. papilliferum (270 plants) followed by a positive inches and 6.3 inches, respectively), abundance was not significantly response in plant numbers as spring plant numbers are also similar (17,611 correlated with soil crust cover or precipitation increased in subsequent and 15,226 respectively), indicating weedy species cover in slickspots, and years 1993 (6,369 plants), 1998 (3,330 little change in overall abundance of L. that the proportion of flowering plants plants), and 2003 (4,080 plants). papilliferum range-wide over this time had a positive correlation with soil crust Reviewing the special use plot data at interval, despite the intervening cover, but was not significantly OTA for 2004–2006 illustrates a fluctuations in yearly abundance that correlated with livestock print cover or relatively stable or declining number of are to be expected for an ephemeral weedy species cover (Menke and Kaye plants despite increases in spring annual plant. In general, the HII and HIP 2006b, p. 15). In their overall evaluation precipitation. data from 1998–2005 indicate that the of habitat condition, they report that We reviewed the OTA population abundance of L. papilliferum range- total vascular plant cover, species monitoring transect study and updated wide remained relatively stable over richness, and species diversity had the description of the study methods this time interval (USFWS 2006f, Figure declined between 1998 and 2004, and from our BAI based upon clarification of 8). We consider this range-wide data to suggest that past fires have been a factor new information provided by IARNG be the best available at this time. in degrading slickspot condition (Menke staff during the reopened comment and Kaye 2006b, p. 19). Several features period on the proposal to list L. Habitat Quality of slickspots, including soil crust cover papilliferum as endangered (October 23, Vegetation community data are and weedy species cover, were 2006, to November 13, 2006; 71 FR collected as one component of Lepidium consistently more degraded in burned 62078). The BAI cited study methods as papilliferum HIP monitoring. One of the areas. Although slickspots in burned described by IARNG staff and stated that attributes documented in HIP areas had more dense weedy annual the census effort occurred annually at monitoring is the fire history pattern. species cover (Menke and Kaye 2006b, the OTA and that observers cover 98 Observations are recorded to document p. 19), Menke and Kaye state that percent of the plants’ habitat at OTA. if there is evidence of fires at four ‘‘Competition from weedy annual New information obtained since the BAI landscape scales; in the HIP transects, species (which may be promoted by was written suggests that 90 percent and in the surrounding habitat at 65 fire), does not appear to influence may be a more accurate estimate of the meters, 250 meters, and 500 meters from abundance of L. papilliferum plants in amount of habitat surveyed at OTA. the transect. Given the mosaic pattern of a given year, but may influence Since 2003, additional plant inventories wildfire burns, often the surrounding reproductive output, other plant traits, have increased the size of the known habitat may be burned while an and other life history stages’ (Menke and population of L. papilliferum at OTA, individual HIP transect is unburned or Kaye 2006b, p. 17). Soil crust cover was including the documentation of 365 predominately unburned. In 2004, significantly lower in 2004 transects new occupied slickspots in 2005 (URS vegetation communities were sampled with evidence of livestock grazing, but Corporation 2005, pp. 6–7). The OTA at 71 HIP transects, and 41 (58 percent) there was no direct relationship population monitoring transects for of the transects were classified as between abundance of L. papilliferum 2005 reported 18,599 plants in the unburned, with predominantly big and total livestock print cover or cover transect areas; the survey inventory by sagebrush cover and less than 33 of print penetrating to the slickspot clay URS corporation reported 43,925 plants percent introduced annual cover; 7 (10 layer (Menke and Kaye 2006b, p. 15). (365 new slickspots with L. percent) were classified as unburned, Another measure of habitat quality papilliferum, 125 historic slickspots with moderate big sagebrush cover and within Lepidium papilliferum’s range is with L. papilliferum, 66 historic at least 33 percent introduced annual the EO ranking by the Idaho CDC. The slickspots without L. papilliferum) in cover; 6 (8 percent) were classified as first EO ranks for L. papilliferum were the areas surveyed at OTA (URS burned, with predominantly native assigned in 1993 (Colket et al. 2006, Corporation 2005, p. 7). vegetation, although introduced annual Tables 1–13). In 2006, EO specifications We reviewed the results of range-wide cover sometimes comprised up to 50 and ranking were revised by the Idaho HII and HIP monitoring, including percent of the total plant cover; 2 (3 CDC (Colket et al. 2006, pp. 15 to 44). reported plant abundance since these percent) were classified as burned, with Due to the change in methodology, it is studies were initiated in 1998, and new predominantly introduced annual cover difficult to draw conclusions about information available to us since the (Salsola kali (Russian thistle or changes in EO rankings over time. EO time we last issued a listing finding on tumbleweed) and Ceratocephala ranks are designed as an assessment of this species. These data illustrate a testiculata (bur buttercup, formerly estimated viability or probability of general pattern of plant numbers Ranunculus testiculatus)), with low persistence and help prioritize

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conservation planning or actions Over 1,000 detectable above-ground not fragmented by agricultural lands, (NatureServe 2002, p. 36). We consider plants; (2) intact native plant residential or commercial development, EO rankings to be part of the best communities with trace nonnative introduced annual grasslands, or drill available data on the species at this species cover; (3) slickspots with zero or seeding projects (Colket et al. 2006, p. time. trace nonnative cover or livestock 3). By contrast, D-ranked EOs exist in Table 1 summarizes the rankings for disturbance; (4) zero or few minor the most highly degraded habitats, with 85 EOs based on the 2006 revised anthropogenic disturbances; (5) a lack of the fewest plants, and with the most methodology. A-ranked EOs have one or burning; and (6) a surrounding degraded surrounding landscape (Colket more of the following conditions that landscape within 0.6 mi (1 km) that is et al. 2006, p. 3). are summarized through a formula: (1)

TABLE 1.—NUMBER OF ELEMENT OCCURRENCES IN 2006 BY CDC RANKING (PERCENT OF TOTAL) [Colket et al. 2006, Tables 1 to 13 and Appendix C]

A B BC C pC 1 D pD 1 E2 F Total

0 ...... 15 (18) 1 (1) 26 (31) 4 (5) 19 (22) 1 (1) 10 (12) 9 (11) 85 1 Probable ranks assigned when incomplete information available. 2 Not enough habitat information available to make a ranking.

Of the 66 EOs with B through D rule to list Lepidium papilliferum as On February 27, 2006, we opened a rankings (13,123 ac (5,310 ha)), 51 occur endangered (69 FR 3094). That action 30-day public comment and peer review on the Snake River Plain (10,804 ac was based on our conclusion that there period, through an electronic process (4,372 ha)), and 15 on the Owyhee was ‘‘a lack of strong evidence of a referred to as VOCUS, for our Plateau (2,318 ac (938 ha)). Of these 66 negative population trend, and the comprehensive document entitled middle-ranked EOs, 50 are ranked as a formalized conservation plans (e.g., the ‘‘Draft Best Available Biological C or D (averaging fewer than 399 plants, CCA and INRMPs) had sufficient Information for Slickspot Peppergrass partial to nonexistent native plant certainty that they would be (Lepidium papilliferum)’’ (USFWS communities that are partially to implemented and effective such that the 2006f). Following public and peer predominately burned, and partially to risk to the species was reduced to a review, we used new data and technical predominantly fragmented landscapes). level below the statutory definition of corrections, along with existing data, for The 40 EOs on the Snake River Plain endangered or threatened.’’ our analysis described below as the best cover 3,170 ac (1,283 ha), and the 10 On April 5, 2004, Western Watersheds available scientific and commercial EOs on the Owyhee Plateau cover 73 ac Project filed a lawsuit challenging our data. (30 ha). decision to withdraw the proposed rule After an order by the district Court on Habitat data (HII, HIP) have been to list Lepidium papilliferum as October 4, 2006, which requires ‘‘a final collected annually for approximately threatened or endangered (Western listing determination on the slickspot one-half of the extant EOs since 1998. Watersheds Project v. Jeffery Foss, et al., peppergrass by January 4, 2007,’’ we Given that monitoring methodologies Case No. CV 04–168–S–EJL). On August opened a 22-day public comment period and the specifications for determining 19, 2005, the U.S. District Court for the that closed on November 13, 2006 (71 EO rank changed in 2004/2005, and not District of Idaho reversed the decision to FR 62078). A variety of documents were every EO is monitored annually, it is not withdraw the proposed rule, with posted on the FWS Web site for public possible to draw definitive conclusions directions that the case be remanded to comment, including peer review about the change in habitat quality over the Secretary of the Department of comments on the draft BAI and results time. It is possible, however, to gain an Interior for reconsideration of ‘‘whether of the expert panel. a proposed rule listing the slickspot understanding of the current condition Summary of Comments and Responses of habitat quality from the available peppergrass as either threatened or data. Based on the most recent EO endangered should be adopted.’’ We received a total of 13 comment ranks, at least 75 percent (n = 49) were After issuance of the District Court’s letters in response to our October 13, ranked as C, D, or F, indicating that remand order, we notified Federal, State 2005, request for additional information most EOs occurred in partially or and local agencies, county governments, to assist with the listing determination predominantly fragmented landscapes elected officials, and other interested for Lepidium papilliferum; 17 public with partial to nonexistent native plant parties of the Court’s decision in a letter comment letters and 19 peer review communities. As discussed below we dated October 13, 2005. We requested responses on the Draft BAI released on don’t have any data that correlate L. new scientific data and comments about February 27, 2006; and 20 public papilliferum population numbers with Lepidium papilliferum. We also stated comment letters in response to our effects to habitat. that scientific data received from the October 23, 2006, reopening of the public would be included in an updated public comment period. The majority of Previous Federal Actions ‘‘Draft Best Available Biological comments were specific to the draft BAI For a description of Federal actions Information for Slickspot Peppergrass and associated data as well as issues concerning Lepidium papilliferum that (Lepidium papilliferum)’’ (BAI) surrounding the 2003 CCA developed to occurred prior to January 22, 2004, document. In response to our request, conserve L. papilliferum. Comments please refer to the document to we received a total of 13 comment that were substantive or that provided withdraw our July 15, 2002, proposal letters. The updated BAI combined all new information were incorporated into published in the Federal Register on existing and new information about the the final determination where January 22, 2004 (69 FR 3094). species and its habitat, and we utilized appropriate, or are addressed below. We On January 22, 2004, we published a it in making this final listing consolidated the comments into document withdrawing our proposed determination. categories by issue.

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Issue 1: Several commenters provided mechanisms, primarily through the CCA during the CCA process is equal to or new data and information regarding the and its associated conservation better for conservation of L. papilliferum biology, ecology, life history, genetics, measures, are sufficient or more than than mandated actions that would be and factors affecting Lepidium sufficient to preclude the need to list L. associated with listing the species. One papilliferum, and requested that it be papilliferum under the Act. commenter suggested that the incorporated into the body of existing Our response: The Act requires us to commitment to better livestock grazing knowledge concerning the species and make listing decisions based solely on management by the L. papilliferum considered by us in making any future the best scientific and commercial data Conservation Committee and permittees management determinations. available at the time the decision is continues, and is still strong after 2 Our response: In making this final made (section 4(b)(1)(A) of the Act). We years of implementation, and that the listing determination, we have thoroughly reviewed all available follow-through on implementing CCA considered scientific and commercial scientific and commercial data for conservation measures, such as data contained in over 75 technical Lepidium papilliferum in preparing this responding to grazing triggers and off- reports, published journal articles, and final determination. We reviewed highway vehicle (OHV) events during other general literature documents, historical and recent publications, and 2005, was good. The State of Idaho including nearly 30 reports received unpublished reports concerning L. reported that, of the 203 conservation since the January 23, 2004. The body of papilliferum and the sagebrush-steppe measures identified in the CCA, 193 available information specific to this habitat of southwestern Idaho. From this were accomplished in either 2004 or species has greatly expanded since information, we produced the document 2005, and 7 measures were not 2004, with new information regarding ‘‘Draft Best Available Biological implemented due to wildfire or ongoing species locations, known condition of Information for Slickspot Peppergrass litigation. One commenter stated that its habitat, slickspot soil characteristics (Lepidium papilliferum)’’ (BAI); we the inclusion of an adaptive and disturbance, Lepidium solicited public comment and peer management process within the CCA papilliferum’s pollinators, seed viability review on the BAI in February 2006. We will ensure that the identified and germination, ongoing conservation also convened a panel of seven conservation measures, if initially efforts, genetics, and factors affecting scientific experts to review the scientific ineffective, would become effective well the species. This information was information available to us pertaining to before the probable extinction of L. contained in various State agency L. papilliferum. Additionally, we papilliferum given existing threats. The reports (Colket 2005a; Colket 2006; reopened the public comment period on U.S. Air Force provided comments on Colket et al. 2006; IDARNG 2005; State the proposed rule in October 2006 (71 our October 23, 2006 draft description of Idaho et al. 2006) and other scientific FR 62078) to solicit additional review and analysis of conservation measures reports and peer reviewed articles and comment on new data that we have (71 FR 62078). The U.S. Air Force (Menke and Kaye 2006a, b; Meyer and considered in this final determination. believed that several more conservation We followed our Policy on Allen 2005; Meyer et al. 2005; Meyer et measures have been implemented and Information Standards Under the al. 2006; Palazzo et al. 2005; Robertson are effective in conserving L. Endangered Species Act, published in 2003a; Robertson and Klemesh 2003; papilliferum at the Juniper Butte Range the Federal Register on July 1, 1994 (59 Robertson and Ulappa 2004; Robertson than what we had determined. et al. 2005; Stillman et al. 2005). FR 34272), and our associated Additionally, we reviewed and Information Quality Guidelines in Conversely, some comments considered data from ongoing L. preparing this final determination. Our suggested that there is little certainty papilliferum conservation efforts evaluation of the significance of these that implementation of Lepidium (Binder 2006; Boise Airport 2003; numerous ongoing threats across the papilliferum conservation measures Hoffman 2005; IDARNG 2005; State of range of Lepidium papilliferum is identified in the CCA will occur. One Idaho et al. 2006; U.S. Air Force 2004). presented in the Summary of Factors commenter stated that the adaptive Further research and continued Affecting the Species section of this management approach used in the CCA monitoring would provide a more final determination. This analysis provides no certainty of protection for L. thorough understanding of the species; includes the adequacy of existing papilliferum. Another commenter however, we have a legal obligation to regulatory mechanisms, including suggested that any cooperator can drop make a final listing determination based public land management practices. out of the CCA at any time without on the best available scientific and During the listing process, we provided repercussion. Another comment commercial data. 6 public comment periods that were asserted that the adaptive management Issue 2: Some commenters stated that open for a total of 262 days, and held approach as currently described in the an urgent need to list Lepidium 2 public hearings. We received new CCA allows for a one-time disturbance papilliferum exists due to ongoing and information since the proposed rule event that could result in irreversible current threats. One commenter specific to L. papilliferum that ranged harm to L. papilliferum habitat. suggested that there is evidence for from additional Idaho CDC survey data Comments indicated that the CCA widespread and rapid population to slickspot soils information. While the provides vast opportunity for a one-time decline. Another commenter stated that body of available information specific to livestock penetrating trampling event to the species is at such risk of extinction this species is limited, our legal occur, and is therefore insufficient. that it should be listed to ensure that the obligation is to make a final listing Other comments suggested that the CCA BLM and other Federal land determination based on the best does not protect L. papilliferum and its management agencies implement available data. habitat from soil disturbance, and did management actions that result in Issue 3: Several comments regarded not include active restoration measures substantive conservation. Other the effectiveness of the CCA (first for the vast majority of the species’ commenters stated that existing approved in 2003 and subsequently habitats. Commenters stated that, due to regulations are insufficient in providing revised in 2006) in conserving Lepidium the downward trend in L. papilliferum for the long-term persistence of the papilliferum. Some commenters stated abundance, reintroduction of the species. Conversely, some commenters that the voluntary commitment of non- species should be considered. One stated that existing regulatory governmental cooperators developed commenter stated that management

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under an Instruction Memorandum (IM) effects from activities, these L. papilliferum annual abundance to is uncertain, and that because the IM is conservation efforts should offset them. precipitation, while other commenters not a legal requirement, interpretation We evaluated conservation efforts disputed the claim that annual will be inconsistent among field staff. within each plan under PECE (60 FR abundance is related to precipitation. Our response: We support utilizing a 15100). PECE is relevant in situations Several commenters stated that the collaborative conservation approach to where it is necessary to determine number of element occurrences has address factors affecting species being whether individual conservation efforts increased from 1998 (45 extant EOs) to considered for listing under the Act. that have not been implemented, or that 2006 (85 extant EOs). Prior to July 18, 2003, we worked with have been implemented but have not yet Several commenters thought that the various agencies and individuals to demonstrated whether they are soil type (slickspots) used by Lepidium assess the status of Lepidium effective, are sufficiently certain to be papilliferum is a limited resource that is papilliferum, and also to identify and implemented and effective so as to have not reforming, because the processes implement conservation actions. Since contributed to the elimination or that originally created it no longer February 2000, we have been an active adequate reduction of one or more occur. Slickspots being modified, technical advisor in an interagency threats to the species identified through altered, or developed are lost to the group of biologists and stakeholders to our threats analysis conducted pursuant ecosystem forever. share data and coordinate conservation to section 4(a)(1) of the Act. In this case, Our response: In this determination, actions for L. papilliferum. the efforts that met the standard in PECE we have reviewed and considered for sufficient certainty of scientific and commercial data Using our Policy for Evaluation of implementation and effectiveness were contained in over 75 technical reports, Conservation Efforts When Making not used as a basis for our conclusion, published journal articles, and other Listing Decisions (PECE) (68 FR 15100), because our analysis did not show that documents, including nearly 30 reports we reviewed the conservation measures the species met the definition of received since January 22, 2004. We in five plans, or conservation strategies, threatened or endangered. However, this must base our listing determination for for L. papilliferum: (1) The Candidate does not mean that conservation efforts Lepidium papilliferum on the best Conservation Agreement for Slickspot which have yet to be implemented, or available data regarding the plant’s Peppergrass (CCA), which was initially which have yet to be demonstrated to be current known population status, the approved in 2003 and revised in 2006; effective, are unimportant. In fact we known condition of its habitat, and the (2) the Idaho Army National Guard strongly encourage continued current factors affecting the species, Integrated Natural Resource implementation of all on-going and along with ongoing conservation efforts, Management Plan for Gowen Field/ planned conservation efforts, as they as described in the Summary of Factors Orchard Training Area; (3) the U.S. Air can contribute to maintaining or Affecting the Species section of this Force Integrated Natural Resource improving the status of L. papilliferum. final determination. We also Management Plan for Mountain Home Issue 4: There were several comments acknowledge that uncertainties exist. Air Force Base, which was modified in regarding the use of available While a systematic survey, utilizing 2004 and contains more measures that monitoring and survey data in similar techniques, has not been promote the conservation of L. determining the historical and existing conducted for Lepidium papilliferum papilliferum than the 2000 version; (4) distribution, population size, and trend range-wide, at least 30 separate survey the Conservation Agreement (Hull’s information for Lepidium papilliferum. efforts for L. papilliferum have occurred Gulch Agreement) by and between Boise One commenter suggested there have (Baczkowski 2006; USFWS 2006d). City and the U.S. Fish and Wildlife been no comprehensive systematic Some of these surveys were within the Service for Allium aasea (Aase’s onion), surveys for L. papilliferum, and known range of L. papilliferum habitat, Astragalus mulfordiae (Mulford’s therefore, we do not fully understand and others were outside of the known milkvetch), and Lepidium papilliferum the distribution or status of the species. distribution, for example, in the State of (slickspot peppergrass), which was in Numerous commenters stated that Oregon, in the Saylor Creek area place until it expired on October 22, monitoring protocols and methods used between the Snake River Plain and the 2006, and (5) the Conservation to gather data regarding L. papilliferum Owyhee Plateau, and the City of Agreement for slickspot peppergrass trends and distribution were biased Hagerman. In 2003, for example, 2,350 (Lepidium papilliferum) at the Boise toward documenting declines, were acres were surveyed in the Saylor Creek Airport, Ada County, Idaho. These five insufficient, or were poorly timed, and area between the Snake River Plain agreements and plans include a wide therefore conclusions are poor. Several metapopulations and the Owyhee array of conservation measures to commenters stated that there is no clear Plateau metapopulations. During these address the need to maintain and relationship between L. papilliferum surveys, 1,727 slickspots were enhance slickspot peppergrass, and to trends and threat factors affecting the documented, but no L. papilliferum potentially avoid or reduce adverse species. Some commenters suggested individuals were found (U.S. Air Force effects that might occur in relation to that the data demonstrate a negative 2003, p. 16). We agree that undiscovered various types of activities. We recognize population trend for L. papilliferum; sites occupied by L. papilliferum likely that many of the conservation efforts other commenters suggested the data are exist. Inventories for L. papilliferum identified in the plans are having inconclusive, and no trend can be have not been completed on the conservation benefits for the species, determined. One commenter thought majority of private lands within its particularly as they relate to limiting the the trend from 2004 to 2005 was range due to restricted access. Recent effects of wildfire and livestock use. We positive or stable due to implementation discoveries of new occupied slickspot believe conservation efforts are of the CCA, a wet spring, and a minimal sites and new EOs since 1998 have not important for this species because, wildfire season. Another commenter added substantially to our knowledge of while we do not have sufficient identified that the number of extant EOs where the species exists. For example, information to determine that potential have increased from 45 in 1998 to 85 in an inventory survey at the OTA in 2005 threats are having a population level 2006, and there has been only 1 EO that found 365 new slickspots with L. impact on the species, further research has been extirpated since 1955. Several papilliferum all within the range of is necessary. To the extent that there are commenters cited information relating known habitat on the OTA (URS

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Corporation 2005, p. 6). Since 2003, 16 collected in 2003), Menke and Kaye degradation and modification of the new EOs on approximately 50 ac (28 ha) (2006b, p. 10) further refined this sagebrush-steppe ecosystem from the (0.4 percent of the total acreage) have relationship and found a strong positive current wildfire regime (i.e., increasing been documented, all within 3 mi (4.8 relationship between precipitation from frequency, size, and duration of km) of previously existing EOs (Colket March through May and L. papilliferum wildfires), invasion of nonnative weed et al. 2006, Tables 1 to 14). Although abundance. In contrast to the species (e.g., cheatgrass), effects of there has been only one documented monitoring data from OTA, the range- livestock use (e.g., trampling and extirpation since 1955, up to 9 small wide data shows that L. papilliferum disruption of soils), and habitat loss due and isolated EOs had no plants detected continues to track consistently with to agricultural and urban development. during one or more recent monitoring precipitation throughout all years of the Less important factors that may affect surveys. data set (Menke and Kaye 2006b, p. 10 the species include effects from Numerous monitoring efforts have and Figs. 1, 2). We consider this range- rangeland revegetation projects, wildfire been conducted for Lepidium wide data to be the best available at this management practices, recreation, and papilliferum, including population time. military use. Herbivory is reported as trend monitoring transects at the OTA The conditions that allowed for the sparse or at low levels, and is mainly by (IDARNG 2005) completed since 1991, formation of slickspots in southwestern insects. Herbivory impacts to L. demographic monitoring at the OTA Idaho are thought to have occurred papilliferum from native ungulates such from 1993 to 1996 (Meyer et al. 2005), during a wetter Pleistocene climate as elk, deer, and antelope have not been Habitat Integrity Index (HII) monitoring (Nettleton and Petersen 1983, p. 191; observed. However, pronghorn antelope done by the Idaho CDC at L. Seronko 2006). Under natural tracks and droppings (U.S. Air Force papilliferum EOs range-wide conducted conditions, several hundred years may 2003, p. 14), and elk tracks and from 1998 to 2002 (Mancuso and be necessary to alter or lose slickspots, droppings (State of Idaho et al. 2006, Moseley 1998; Mancuso et al. 1998; generally through climate change or Appendix A) have been infrequently Mancuso 2000; Mancuso 2001; Mancuso severe natural erosion (Seronko 2006). documented in slickspots that support 2002), Habitat Integrity Population (HIP) Meyer and Allen (2005, p. 9) suggest L. papilliferum. Herbicide spraying was monitoring built on HII monitoring at L. that if sufficient time passes following not considered by the Expert Panel to be papilliferum EOs range-wide conducted the disturbance of slickspot soil layers, an important threat to L. papilliferum, by the Idaho CDC in 2004 and 2005 it is possible that slickspots can reform and is not discussed in this listing (Colket 2005a, Colket 2005b), and similar to their pre-disturbance determination. While the decreased monitoring done at the Juniper Butte configuration. quality of sagebrush-steppe and the Range in 2003 and 2005 (U.S. Air Force Issue 5: Numerous commenters development and implementation of 2003). HIP monitoring, the most provided information or opinions successful habitat restoration may extensive range-wide effort to date, was regarding how various threats may or impact the species, we have found no developed by the Idaho CDC in may not affect Lepidium papilliferum, correlation to date between the conjunction with the L. papilliferum its habitat, and its possible probability existence of these threats and Technical Team to statistically analyze of extirpation. Threats specifically population numbers. and detect trends in L. papilliferum and mentioned included residential, Issue 6: Several comments referred to its habitat (the technical team includes commercial, and agricultural the effects of livestock use on Lepidium IDARNG, BLM, Air Force, the Service, development; military training; OHV papilliferum and its habitat. They Idaho Department of Agriculture, and use; nonnative, invasive plant species; suggested that livestock use (past, other interested parties) (Colket 2005a, wildfire; wildfire rehabilitation methods current, or future) adversely affects L. p. 3). Both the HII and HIP monitoring, (including drill seeding and invasive, papilliferum by trampling and because of the difficulties associated nonnative plant seedings); uprooting individual plants, with tracking numbers of L. fragmentation; soil disturbance; transporting nonnative invasive seeds, papilliferum individuals across years, herbicide spraying; wildlife grazing; disturbing slickspot habitat soil crusts, utilize habitat information as a metric of herbivory; and agricultural pesticides burying L. papilliferum seeds to a soil L. papilliferum health (Mancuso et al. (e.g., insecticide for grasshoppers or depth at which germination cannot 1998, pp. 1 to 7). Mormon crickets) affecting L. occur, accelerating erosion of slickspots, Because of the fluctuations in papilliferum pollinators. One compacting soils, and changing Lepidium papilliferum numbers commenter suggested that the decreased slickspot soil chemistry through the associated with precipitation (Meyer et quality of sagebrush grassland (steppe) deposition of manure. al. 2005, pp. 4, 12, 15; Palazzo et al. habitat is the primary problem with the Conversely, several commenters 2005, p. 9; Menke and Kaye 2006b, p. apparent decline of L. papilliferum. suggested that livestock use has 10), determining trends requires long- Our response: Our evaluation of the minimal effects and can even provide term monitoring data sets. Two long- significance of the various threats across beneficial effects to Lepidium term monitoring data sets in which we the range of Lepidium papilliferum is papilliferum and its habitat. One see a downward trend in recent years in discussed in the Summary of Factors commenter suggested that only three numbers of individuals that do not Affecting the Species section of this documented examples exist in which mimic precipitation are the population final determination. We analyzed the livestock use has been implicated as the trend monitoring transect data and adequacy of existing regulatory primary factor in either a reduction or special use plot data at the OTA. In mechanisms, including the effectiveness elimination of L. papilliferum from a contrast, an analysis by Palazzo et al. of ongoing, recently implemented, and given area. In each case, the incident (2005, p. 9) for all 4 years of HII data proposed conservation efforts that was isolated and occurred prior to found a relationship (p-value less than attempt to conserve L. papilliferum in implementation of the CCA. Several 0.01) between February to June three conservation agreements, and two commenters suggested that L. precipitation and numbers of L. INRMPs from the IDARNG and the U.S. papilliferum co-evolved with historical papilliferum. In their analysis of range- Air Force. The primary factors livestock use and wild ungulate grazing wide HII and HIP data collected from impacting L. papilliferum and its pressure; therefore the impact of 1998–2002 and 2004 (no data was surrounding habitat include habitat existing livestock use is as likely to be

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beneficial as it is to be adverse, although Plateau (Colket et al. 2006, Appendix species’ range. Where habitat effects generally remain unknown. C). information is known, 42 of 60 EOs on Commenters suggested that potential Data limitations have made it difficult the Snake River Plain and 6 of 15 on the benefits to L. papilliferum from to establish impact (or effect) thresholds Owyhee Plateau have been at least livestock use include reduced from livestock management activities for partially burned; 57 EOs on the Snake frequency, intensity, and magnitude of Lepidium papilliferum. Based on a River Plain and 12 on the Owyhee wildfire; reduced nonnative invasive single year of HIP data (2004), there was Plateau have adjacent landscapes that annual grasses; and improved no correlation between L. papilliferum are at least partially burned (Colket et al. germination of L. papilliferum seeds as abundance in the short-term and total 2006, Appendix C). a result of abrasion and reduced livestock print cover or cover of prints Current research indicates wildfire physical resistance of the surface soil penetrating to the slickspot clay layer frequency in the sagebrush-steppe crust. One commenter suggested that (Menke and Kaye 2006b, p. 15). The HIP ecosystem throughout the range of without authorized livestock grazing data are observational in nature; Lepidium papilliferum has increased, permits on Federal lands, some controlled experiments are needed to from a historical average of once every conservation benefits would not occur, more accurately assess the effects of 60 to 110 years to once every 5 years at including weed control, wildfire livestock on L. papilliferum and its many sites, due to the invasion of suppression, habitat rehabilitation, and habitat. At this time we have no data nonnative annuals such as cheatgrass a ready source of information regarding that long-term declines in abundance that became common on the Snake the land upon which ranchers run their will arise from livestock grazing. River Plain rangelands in the 1950’s livestock. Other commenters suggested Adaptive management techniques for (Wright and Bailey 1982, p. 158; Billings that insufficient information exists, so areas occupied by L. papilliferum and 1990, pp. 307 to 308; Whisenant 1990, we cannot draw conclusions regarding affected by livestock use could result in p. 4; USGS 1999, pp. 1 to 9; West and the effects of livestock use on L. new information from ongoing and Young 2000, p. 262). Wildfires in papilliferum and its habitat. proposed livestock use studies and cheatgrass tend to be larger, burn more Our response: The most visible effect monitoring conservation efforts for the uniformly, and leave fewer patches of on Lepidium papilliferum and its species. We anticipate that additional unburned vegetation, all of which slickspot habitat from livestock use is information regarding L. papilliferum influence the post-fire recovery of native trampling impacts. Penetrating and livestock use, from research sagebrush-steppe vegetation (Whisenant currently underway by the U.S. Air 1990, p. 4). The result of this altered trampling is defined as livestock Force and University of Idaho will be wildfire regime has been the conversion trampling of water-saturated slickspot available for use in species of vast areas of the former sagebrush- soils that break through the restrictive conservation. steppe ecosystem into nonnative annual soil layer (see Ecology and Habitat A more complete discussion on the grasslands (USGS 1999, pp. 1 to 9). section above). Penetrating livestock effects of livestock use on Lepidium Frequent wildfires can also promote soil trampling can affect the fragile soil papilliferum and its habitat is found in erosion and sedimentation (Bunting et layers of slickspots (Meyer et al. 2005, the Summary of Factors Affecting the al. 2003, p. 82) in arid environments pp. 21, 22; Seronko 2004, pp. 1, 2), Species section. such as the sagebrush-steppe ecosystem. especially when it occurs during wet Issue 7: One commenter suggested Increased sedimentation can result in a periods when slickspots are most that wildfire historically (prior to silt layer that is too thick for optimal L. vulnerable to disturbance. Penetrating European influence) occurred on a 60- papilliferum seed germination (Meyer trampling also potentially affects the to 100-year frequency and resulted in and Allen 2005, pp. 6 to 7), and that seed bank for L. papilliferum by pushing small burned areas where wind erosion allows weedy species to invade the seeds below their ability to could scour slickspots, maintaining the slickspots. See the Summary of Factors germinate (i.e., below 1.5 in (3 cm)) thin silt layer on the slickspot and the Affecting the Species section for a more (Meyer et al. in press, pp. 3, 24, 25). mini-playa as a depression. Wind scour complete discussion. Livestock use at an appropriate level, likely occurred, since the only species Following wildfire events, the use of and during dry conditions, may reduce growing on the slickspot was Lepidium nonnative forage grass species (such as the spread of nonnative annual grasses papilliferum. With exotic species crested wheatgrass and Russian wildrye at some L. papilliferum sites. However, currently occupying slickspots, wind (Elymus junceus)) for rehabilitation can using livestock to control nonnative erosion may not be effectively scouring result in successful establishment of annual grasses would need to occur them, and in fact, deposition may be perennial plants, ultimately reducing during early spring when the grasses are occurring. One commenter suggested and diminishing the impacts of growing strongly, and spring is when that historical wildfire intervals in cheatgrass and its accelerated wildfire slickspots are most likely to be wet and Wyoming big sagebrush communities frequency. The use of nonnative species most susceptible to damage. Responsive were much longer, and some areas that closely mimic the biology and management, involving quickly rarely, if ever, burned. ecological function of species native to removing livestock during rain events Conversely, one commenter stated the area may be a necessary first step in and moving them regularly to prevent that while an abundance of information restoring a site following wildfire if soil disturbance, would be difficult over exists regarding wildfire in Lepidium native seed cannot be used due to large areas. papilliferum habitat, no long-term limited availability or prohibitive cost. Livestock use has been documented monitoring data confirmed the Of the known Lepidium papilliferum (Colket et al. 2006, Appendix C) within significance of its effect on L. occurrences, 14 (19 percent) are located 62 of the 75 Lepidium papilliferum EOs papilliferum. within areas where wildfire for which habitat information has been Our response: As previously stated in rehabilitation projects and crested collected (49 of 60 on the Snake River the July 15, 2002, proposed rule (67 FR wheatgrass seedings have occurred Plain and 13 of 15 on the Owyhee 46441) and January 22, 2004, document (Colket et al. 2006, Appendix C). Plateau). Penetrating hoof prints have to withdraw the proposed rule (69 FR Although L. papilliferum still occurs in been documented within 21 EOs on the 3094), wildfire affects Lepidium these areas, most support lower Snake River Plain, and 9 on the Owyhee papilliferum EOs throughout the numbers of plants (Mancuso and

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Moseley 1998). See ‘‘Factor A’’ in the ground-operated military training to Intermountain Flora, a recognized Summary of Factors Affecting the areas where the plants are not found. regional text (Holmgren et al. 2005, p. Species section below for a more Issue 9: Some commenters asserted 259); the U.S. Department of detailed discussion. the taxonomic status of Lepidium Agriculture’s ‘‘PLANTS Database’’ In a review of available information, papilliferum is problematic and (USDANRCS 2006); and the Biota of the Expert Panel considered the current warrants further evaluation. For North America Project, the recognized wildfire regime the most important example, one commenter suggested that taxonomic reference for the United factor affecting Lepidium papilliferum our failure to complete a genetic study States (ITIS 2006). and its remaining habitat. of Lepidium montanum seriously flaws The preliminary results of two studies Issue 8: One commenter expressed any discussion assessing L. papilliferum on the genetics of Lepidium concerns regarding the U.S. Air Force’s as a species on its own. A few papilliferum recently became available. development of the Juniper Butte Range commenters suggested that if L. The first, based on a relatively small (beginning in 1998) on the Owyhee papilliferum is a subspecies or variety it sample size and more limited Plateau where Lepidium papilliferum is not eligible for protection under the methodology, found that L. papilliferum and its habitat occur. Development and Act. forms a distinct monophyletic group use of this training range, along with Our response: Lepidium papilliferum that is most closely related to L. resulting road construction, human was originally described as L. fremontii (Smith 2006, pp. 5 to 7 and presence, and proposed use of aerial montanum var. papilliferum in 1900 by Fig. 1). The second, utilizing larger flares/white phosphorus munitions Louis Henderson. It was renamed L. sample sizes and additionally applying during training exercises, has increased papilliferum by Aven Nelson and J. the methodology of AFLP (amplified the risk of wildfire within a substantial Francis Macbride in 1913 based on its fragment length polymorphisms, portion of L. papilliferum’s range. distinctive growth habit, short lifespan, recognized for greater resolution or Our response: Currently, the impact of and unusual pubescence (Nelson and discriminatory power in detecting military training activities does not Macbride 1913, p. 474). Hitchcock genetic differentiation) (Mueller and represent a principal threat to Lepidium regarded L. papilliferum as L. Wolfenbarger 1999, pp. 389 to 393; papilliferum. Both the IDARNG and montanum var. papilliferum, Savelkoul et al. 1999, p. 3085)), found U.S. Air Force are implementing influencing several publications that L. papilliferum forms a distinct conservation efforts that potentially including Flora of Idaho and Flora of monophyletic group or subgroup, and avoid or reduce adverse effects of the Pacific Northwest (Hitchcock et al. indicates that it is most closely related military training on the species and its 1964, p. 516; Hitchcock and Cronquist to L. montanum var. montanum (Larson habitat. Threats from military activities 1973, p. 170; Steele 1981, p. 55; Moseley et al. 2006, p. 13, 15, and Fig. 4). These are localized and have little significance 1994, p. 2). In a review of taxa in the genetic studies are consistent with the across the range of the species. mustard family (Brassicaceae), Rollins interpretation that L. papilliferum is Military activities within the range of (1993) maintained the species based on either a variety or subspecies of L. Lepidium papilliferum include differences in the physical features montanum, or that it is a full and ordnance use, facility development, and between L. papilliferum and L. distinct species that has recently transportation, all of which create an montanum such as: (1) L. papilliferum diverged from L. montanum. Plant increased risk of wildfire and nonnative has trichomes (hair-like structures) species and subspecies (or varieties) are plant invasions. Military training occurs occurring on the filaments of stamens eligible for protection under the Act. on the Snake River Plain at the OTA, on (part of flower that produces pollen), Issue 10: One commenter stated that all or portions of seven EOs, and on the and L. montanum does not; (2) all the very little scientific research has been Owyhee Plateau at the Juniper Butte leaves on L. papilliferum are pinnately conducted on Lepidium papilliferum, Range on a portion of one EO (sub EO divided, and L. montanum has some and subsequently very little peer- 704). The U.S. Air Force intends to use leaves that are not divided; (3) the shape reviewed literature is available for the 300 ac (121 ha) of the 11,070-acre of the silicle [silique] (seed capsule) of species. Most of the information we Juniper Butte Range as the actual L. papilliferum is different from that of have is based on technical reports and bombing impact area (U.S. Air Force L. montanum; and (4) the silicle of L. personal communications. 2000). It anticipates that a small amount papilliferum has no wings, or even Our response: The Act requires us to of ordnance will be dropped outside the vestiges of wings, at its apex (end of the make listing decisions based on the best bombing impact area, but the potential capsule), unlike that of L. montanum scientific and commercial data available impact to L. papilliferum would likely (Rollins 1993, p. 578; Moseley 1994, p. at the time the decision is made (section be minimal. 2). 4(b)(1)(A) of the Act). Following the The Integrated Natural Resource A review of the taxonomic status by August 19, 2005, Federal Court decision Management Plan (INRMP) developed Lichvar (2002), using classic regarding our January 22, 2004, for the Juniper Butte Range provides morphological features and study of document to withdraw the proposed management directions that ameliorate herbarium specimens, concluded that L. rule to list Lepidium papilliferum as many of the threats from military papilliferum has distinct morphological endangered, we sought and received training exercises. Range-wide, the most features that warrant species new scientific and commercial data intact Lepidium papilliferum habitat recognition. Meyer et al. (2005, p. 17) pertaining to the species. We occurs at the OTA, where similar described a life history contrast when incorporated all relevant new conservation efforts have been compared to L. montanum regarding information into the ‘‘Draft Best implemented for 14 years (Colket et al. seed dormancy and the seed bank. L. Available Information (BAI) for 2006, pp. 22 to 23; Meyer 2005, p. 1). papilliferum seeds can remain dormant Slickspot peppergrass (Lepidium The IDARNG has implemented a variety (and viable) and persist in the seed bank papilliferum)’’ document, which was of actions to meet the conservation for about 12 years, whereas L. updated from the 2003 version. We needs of L. papilliferum, while still montanum has largely non-dormant solicited public comment and peer providing for military training activities. seeds (Meyer et al. 2005, p. 17). Most review on the draft BAI document and These actions include wildfire recently, L. papilliferum has been requested additional scientific data suppression efforts, and restricting accepted as a distinct species by pertaining to the species. We followed

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our Information Quality Guidelines in includes utility, objectivity, and A. The Present or Threatened preparing this final determination (see integrity. Utility refers to the usefulness Destruction, Modification, or Information Quality Act discussion of the information to its intended users, Curtailment of its Habitat or Range below). We also convened a panel of including the public. Objectivity Current Wildfire Regime seven scientific experts (see Expert includes disseminating information in Panel discussion below) to review the an accurate, clear, complete, and The invasion of nonnative plant available data pertaining to L. unbiased manner and ensuring accurate, species, particularly annual grasses such papilliferum prior to making this final reliable, and unbiased information. If as cheatgrass and medusahead (Taeniatherum caput-medusae), determination. data and analytic results have been beginning in the early 1900’s has subjected to formal, independent peer Information Quality Act increased the amount and continuity of review, we generally presume that the In our review of the status of fine fuels across the landscape. As Lepidium papilliferum, we assembled information is of acceptable objectivity. cheatgrass became more dominant on information that addressed the current Integrity refers to the security of the rangelands of the Snake River Plain biological and ecological condition of information, i.e., protection of the in the 1950’s, wildfire frequency the plant and its habitats. This information from unauthorized access intervals began to shorten from the information included reports from or revision to ensure that the historic average of between 60 to 110 private industry, public universities, information is not compromised years to the current frequency intervals State and Federal resource agencies, through corruption or falsification. of less than 5 years in many areas on the published texts on a variety of biological One of our goals in obtaining public Snake River Plain where Lepidium topics, and peer-reviewed literature comment and peer review of the draft papilliferum resides (Whisenant 1990, from the primary scientific journals. BAI was to ensure that we were p. 4) and within the sagebrush-steppe Additionally, we included unpublished considering the best available data ecosystem as a whole (Wright and scientific and commercial data , while accurately representing the source Bailey 1982, p. 158; Billings 1990, pp. documents written and included in of the information. Background 307 to 308; USGS 1999, pp. 1 to 9, West literature, and personal information on the taxonomy, and Young 2000, p. 262). Wildfires tend communications. Personal distribution, abundance, life history, to be larger and burn more uniformly communications were used when they conservation actions, and needs of when annual grasses are present, represented information that was Lepidium papilliferum, and threats resulting in fewer patches of unburned pertinent and not available through affecting the species, were derived from vegetation, which can affect the post-fire other sources such as technical reports previous petition findings, previous recovery of native sagebrush-steppe or published texts. Federal Register notices, Idaho’s vegetation (Whisenant 1990, p. 4). This We carefully evaluated each piece of altered wildfire regime has contributed Conservation Data Center EO records, data for its usefulness in the review to the conversion of vast areas of and other pertinent references from process, and used those that contributed sagebrush-steppe ecosystem into 1897 (when the species was first important information to the review. nonnative annual grasslands (USGS State and Federal government collected) through 2006. 1999, pp. 1 to 9). More frequent documents are generally considered to The supporting information, wildfires also promote soil erosion and be of high utility, objectivity, and administrative finding, and other sedimentation (Bunting et al. 2003, p. integrity. These documents are often relevant materials can be reviewed in 82) in arid environments such as the subject to public review and comment, person at the address listed in the sagebrush-steppe ecosystem. Increased and State and Federal agencies generally ADDRESSES section, or copies of sedimentation can result in a silt layer employ the current standards in information can be made available to that is too thick for optimal L. resource survey, monitoring, and you (see References Cited at the end of papilliferum germination (Meyer and analysis methodologies. The peer- this rule). Allen 2005, pp. 6 to 7). reviewed scientific literature and Of the 75 EOs for which habitat scientific textbooks are rigorously Summary of Factors Affecting the information is known, 48 (42 of 60 on reviewed and edited at several levels Species the Snake River Plain and 6 of 15 on the before publication, and represent the Owyhee Plateau) have been at least Section 4 of the Act and its highest degree of utility, objectivity, and partially burned, and 69 (57 on the implementing regulations (50 CFR part integrity. Snake River Plain and 12 on the In compiling this document, we tried 424) set forth the procedures for adding Owyhee Plateau) have adjacent to present the information in an species to the Federal Lists of landscapes that are at least partially accurate, clear, complete, and unbiased Endangered and Threatened Wildlife burned (Colket et al. 2006, Appendix C). manner. Given that the data available on and Plants. A species may be Within the Snake River Plain, this species covered a wide spectrum determined to be an endangered or approximately 448,917 acres (181,670 from peer-reviewed literature to threatened species due to one or more ha) (28 percent) were burned between personal communications, we of the five factors described in section 1970 and 2003 (calculated from USBLM developed this document with the goal 4(a)(1) of the Act. The five listing factors 2004). Within the Owyhee Plateau of providing a high degree of are: (A) The present or threatened 60,467 acres (24,470 ha) (47 percent) transparency regarding the source of destruction, modification, or have burned between 1970 and 2003 data. curtailment of its habitat or range; (B) (calculated from BLM 2004). We followed our Information Quality overutilization for commercial, Table 3 shows the evidence of Act Guidelines in developing this recreational, scientific, or educational wildfire documented through HIP range- document. These guidelines provide purposes; (C) disease or predation; (D) wide transect monitoring in 2005. direction for ensuring and maximizing the inadequacy of existing regulatory Wildfire evidence can remain on the the quality of information disseminated mechanisms; and (E) other natural or landscape for up to 20 years, and to the public. The guidelines define manmade factors affecting its continued evidence documented in Table 3 quality as an encompassing term that existence. includes both recent and historical fires.

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TABLE 3.—EVIDENCE OF WILDFIRE DOCUMENTED AT HIP TRANSECTS IN 2005 (COLKET 2005A, TABLES 1 AND 2)

Number of Adjacent landscapes within Number of transects at transects not Total 0.31 mi (500 m) of EOs least partially burned burned transects burned or partially burned

Snake River Plain ...... 26 31 57 45 Owyhee Plateau ...... 12 10 22 21

Total ...... 38 41 79 66

In a statistical analysis of HII data 17). At this point, given the equivocal 6–47). The BLM and IDARNG are between 1998 and 2001, burned areas at nature of the habitat integrity and continuing their mutual support the beginning of the study had depleted population monitoring data, the effects agreement for wildfire suppression in shrub and soil crust cover that persisted of an altered sagebrush steppe wildfire the Snake River Birds of Prey National throughout the monitoring period regime on L. papilliferum need further Conservation Area (IDARNG 2004, p. (Menke and Kaye 2006a, p. iii). In study. We have no data at this point that 83). addition, burned areas had less native indicates that fire has a long-term On the OTA, the reduction in plant cover, greater nonnative plant impact on the species abundance; the wildfires within EOs has demonstrated cover, increased slickspot perimeter available data show no correlation that management efforts to suppress compromise, and increased organic between fire and L. papilliferum wildfire can be effective. The 7 EOs on debris accumulation (Menke and Kaye population numbers. the OTA represent nearly 40 percent of 2006a, p. iii). Similarly, in a statistical Existing conservation measures the total area occupied by Lepidium analysis of HII and HIP data between designed to reduce the adverse effects of papilliferum (see Figure 1 above), and 1998 and 2004, burned areas had less wildfire apply to approximately 96 aggressive wildfire suppression has soil crust cover and higher nonnative percent of Lepidium papilliferum’s occurred for over 12 years. The plant cover (Menke and Kaye 2006b, p. occupied range. For example, the feasibility of implementing rapid 3). Although the proportion of flowering IDARNG, U.S. Air Force, and BLM will response wildfire suppression plants was positively correlated with continue their rapid response or mutual techniques elsewhere is complicated by soil crust cover, there was no support agreement for wildfire control. the fact that many of the remaining L. relationship between L. papilliferum BLM has established wildfire papilliferum EOs are in remote areas plant abundance and soil crust cover or suppression goals for management areas away from wildfire control facilities. weedy species cover in slickspots based in the CCA (State of Idaho et al. 2006, The current wildfire regime is on the 2004 HIP data (Menke and Kaye Table 5). interrelated with several other factors 2006b, p. 15). In their analysis, Menke The military is implementing a that may affect L. papilliferum, and Kaye (2006b, p. 17) concluded that number of efforts that address wildfire including the replacement of large areas competition from weedy annual species suppression that have been shown to be of native vegetation with more does not appear to influence abundance effective in certain respects at flammable nonnative grasses, increased of L. papilliferum plants in a given year, controlling this threat. However, we are sedimentation of slickspots, and habitat although it may influence reproductive not relying on the implementation of fragmentation. While these effects may output or other traits, and that past fire conservation measures to make this be occurring, the existing data do not disturbance does not appear to finding. Implemented and effective correlate them with declines in significantly alter longer-term trends in conservation measures will, however, abundance of L. papilliferum. plant abundance. Past fires have help to counter habitat degradation Invasive Nonnative Species apparently degraded slickspot generally and may help conserve the condition, as evidenced by lower soil species. Since the late 1980s, the The most common nonnative annual crust cover and greater exotic species policies of the IDARNG included grasses known to occur in Lepidium cover (Menke and Kaye 2006b, p. 19), immediate wildfire suppression during papilliferum’s habitat include however Lepidium papilliferum military activities to prevent damage to cheatgrass and medusahead. Annual abundance was statistically similar intact sagebrush-steppe and Lepidium forbs most commonly associated with between burned and unburned transects papilliferum sites within the OTA slickspots include clasping pepperweed from 1998 to 2004 (Menke and Kaye (IDARNG 2004, pp. 65 to 67). Seven (Lepidium perfoliatum), tumbleweed 2006b, p. 10), and the proportion of L. occurrences of L. papilliferum occur (also known as Russian thistle), tumble papilliferum in flower was similar within this area (Colket et al. 2006, pp. mustard (Sisymbrium altissimum) (also between burned and unburned transects 8 to 9). Since 2002, the U.S. Air Force known as tall tumble mustard), and bur in 2004 (Menke and Kaye 2006b, p. 15). has instituted a high-level rapid buttercup (Colket 2005a, p. 6). Past fires appear to have had a lasting response for wildfire suppression on the Nonnative plants may become negative impact on the plant community Juniper Butte Range (U.S. Air Force established in L. papilliferum habitats surrounding slickspots, including 2004, pp. 6–45 to 6–47). The U.S. Air by spreading through natural dispersal increased exotic species cover and Force addresses wildfire prevention (unseeded) or may be intentionally decreased soil crust cover (Menke and through reducing standing fuels and planted through re-vegetation projects Kaye 2006b, p. 19). Menke and Kaye weeds, planting fire-resistant vegetation (seeded). Invasive nonnative plants can (2006b, p. 17) note that the HII and HIP in areas with a higher potential for alter attributes of ecosystems, including data are observational only, and ignition sources (e.g., along roads), and geomorphology, wildfire regime, controlled experiments are needed to using wildfire indices to determine hydrology, microclimate, nutrient cycle, more accurately assess the impacts of wildfire hazard ratings and restricting and productivity (Dukes and Mooney factors such as fire and grazing on L. activities when the rating is extreme 2003, pp. 1 to 35). They can also papilliferum (Menke and Kaye 2006b, p. (U.S. Air Force 2004, pp. 6–45 through negatively affect native plants through

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competitive exclusion, niche not assessed in this study (Menke and The OTA has demonstrated that displacement, hybridization, and Kaye 2006b, p. 17). However, we have management efforts to suppress competition for pollinators; examples no data to corroborate that this threat wildfire, rehabilitating areas with native are widespread among taxa and will result in future declines in species, and using wildfire ecosystems (D’Antonio and Vitousek abundance. rehabilitation activities with minimal 1992, pp. 63 to 87; Olson 1999, p. 5; Existing conservation measures ground disturbance can be effective in Mooney and Cleland 2001, p. 1). All 75 designed to reduce the potential adverse reducing the wildfire threat and EOs for which habitat information is effects of nonnative, unseeded species reducing rates of spread of nonnative available have nonnative, unseeded apply to approximately 96 percent of unseeded species. Nonnative, unseeded plants present (Colket et al. 2006a, Lepidium papilliferum’s occupied range species are increasing at the OTA, Appendix C). (CCA, U.S. Air Force INRMP, IDARNG although not as rapidly as at other areas The results from 2004 HIP monitoring INRMP). Conservation measures where these conservation efforts are not revealed that all 71 HIP transects identified within the CCA include being implemented or have only been monitored within EOs (49 on the Snake protecting remnant blocks of native implemented for a short period. River Plain and 22 on the Owyhee vegetation, prioritized weed control We have no evidence that correlates Plateau) had nonnative, unseeded plant measures at L. papilliferum EOs, invasive species presence with declines cover. For example, within the Snake protective weed control techniques, of L. papilliferum or the proportion of L. River Plain (49 transects), 1 had revegetation requirements in disturbed papilliferum in flower (Menke and Kaye nonnative plant cover occurring over 50 areas, education on nonnative species 2006b, p. 15). percent of the transect, 7 transects had and their spread, vehicle wash points nonnative plant cover between 25 and Livestock Use and stations, and research support and 50 percent of the transect, and 10 funding for nonnative species control transects had nonnative plant cover Trampling of Lepidium papilliferum (State of Idaho et al. 2006, pp. 131 to between 10 and 25 percent. Two and slickspots can result from livestock 132). transects on the Owyhee Plateau had use. Table 4 documents the extent of nonnative plant cover between 10 and The military has a number of ongoing livestock use at HIP transects. Livestock 25 percent (Colket 2005a, pp. 46 to 47). efforts to suppress non-native species. trampling can affect the soil layers of In their analysis of Lepidium The IDARNG requires all military slickspots (Colket 2005a, p. 34; Meyer et papilliferum population trends in vehicles entering the OTA from a al. 2005, pp. 21 and 22; Seronko 2004, association with plant community distance greater than 50 mi (80.4 km) to pp. 1 and 2). Trampling when slickspots trends and habitat quality based on HII be washed at a high-pressure wash rack are dry can lead to mechanical damage and HIP monitoring data from 1998– facility to prevent weed seed to the slickspot soil crust, potentially 2002 and 2004, Menke and Kaye (2006b, introduction. Noxious weeds at small resulting in invasion of nonnative plants p. 12) report that species diversity and sites are hand-pulled when they are into the slickspots and altering the species richness of the plant community found by IDARNG staff, and noxious hydrologic function of slickspots. had declined, but that exotic species weed sites on the OTA are reported Livestock trampling of water-saturated cover and shrub cover had remained the annually to BLM for treatment (IDARNG slickspot soils that breaks through the same. Total exotic species cover and 2004, p. 67). The U.S. Air Force reduces restrictive layer, which is referred to as exotic grass cover was high in burned the spread of exotic annual species by penetrating trampling (State of Idaho et transects in all years (Menke and Kaye reseeding disturbed areas with native al. 2006, p. 9), has the potential to alter 2006b, p. 15). Weedy species cover was vegetation to the maximum extent the soil structure and the functionality higher in burned slickspots, but there practicable, eradicating noxious weeds of slickspots (Rengasamy et al. 1984, p. was no significant correlation between prior to spread, and requiring cleaning 63; Seronko 2004, pp. 1 and 2). weedy species cover and either of U.S. Air Force vehicles and Penetrating trampling, which occurs abundance of L. papilliferum or equipment on a wash rack upon return when slickspots are wet, also has the proportion of L. papilliferum in flower to base. They avoid the use of pesticides potential to affect the seed bank for L. (Menke and Kaye 2006b, p. 15). The within 25 feet of slickspots and use papilliferum. Meyer and Allen (2005, authors note that although competition pesticides only if wind conditions are pp. 6 and 7); seed emergence success from weedy annuals does not appear to favorable (away from the slickspot) to decreased with increasing depth from a influence the short-term abundance of L. prevent the loss of Lepidium mean of 54 percent at the shallowest papilliferum, it may be influencing papilliferum (U.S. Air Force 2004, pp. plant depth of 2 mm to a mean of 5 other plant traits or life history stages R–4, R–5). percent at 30 mm depth.

TABLE 4.—LIVESTOCK USE DOCUMENTED AT ELEMENT OCCURRENCES AND HIP TRANSECTS IN 2004 (COLKET et al. 2006, APPENDIX C). [Evidence of livestock use does not infer effects throughout a transect or EO]

Evidence of Evidence of penetrating penetrating trampling (HIP trampling (EO) Transects)

Snake River Plain ...... 21/60 19/49 Owyhee Plateau ...... 9/15 20/22

Total ...... 30/75 33/71

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In a statistical analysis of HII data numbers; the fifth site, Glenn’s Ferry, effects could only be observed in from 1998 to 2001, it was found that was the only one that incurred a habitats that had been burned in the recent livestock use had neutral effects trampling event, and the only one with past (Menke and Kaye 2006a, p. 18). on Lepidium papilliferum, slickspot a dramatic reduction in L. papilliferum The conservation plans (CCA, U.S. attributes, and plant community numbers (Robertson 2003b, p. 8). Air Force INRMP, IDARNG INRMP) attributes (Menke and Kaye 2006a, p. Research designed to specifically contain numerous measures to avoid, iii). Recent livestock use estimated by examine the relationship between mitigate, and monitor effects of HIP monitoring in the year 2004 livestock use trampling effects and L. livestock use on the species. Livestock resulted in decreased soil crust cover in papilliferum is currently being grazing conservation measures slickspots, decreased vascular plant conducted by University of Idaho and implemented through the CCA and the cover, and decreased plant litter cover the State of Idaho in cooperation with U.S. Air Force INRMP apply to all in the surrounding plant community us (State of Idaho et al. 2006, p. 119). Federal and State-managed lands (96 (Menke and Kaye 2006b, p. 3). There However, at this point we have nothing percent of the acreage) within the was no significant correlation between but this anecdotal evidence to indicate occupied range of Lepidium total livestock print cover or cover of a threat. Information we do have does papilliferum. Conservation measures prints penetrating to the slickspot clay not suggest that habitat threats are prescribed by the CCA include layer and abundance of L. papilliferum, correlated with declines in species minimum distances for placement of and both the abundance of L. population levels. salt and water troughs away from papilliferum per slickspot and There are also indirect effects from occurrences of the species, and several proportion of flowering plants was livestock use that have impacted the troughs and salt blocks have been similar between grazed and ungrazed sagebrush-steppe ecosystem. The spread moved as a result of these measures transects for the single year of data of both native and nonnative plant (State of Idaho et al. 2006, p. 133; State reported in 2004 (Menke and Kaye species has been attributed to livestock of Idaho et al. 2005). The CCA also 2006b, p. 15). In the surrounding plant use (Frost and Launchbaugh 2003, pp. includes measures to reduce trampling community, grazed and ungrazed 43 to 45). The spread of cheatgrass on during wet periods, including trailing transects had similar species richness, the Snake River Plain has been (moving cattle to, or between, diversity, and soil crust cover, but total attributed to several causes, including allotments repeatedly on the same path) vascular plant cover and plant litter the past practice of heavy livestock use restrictions (State of Idaho et al. 2006, cover were significantly lower in grazed in the late 1800s (Mack 1981, pp. 145 pp. 132 to 134). High priority EOs, as transects (Menke and Kaye 2006b, pp. to 165). Today, nonnative, annual plants identified in the CCA, tend to have more 15 and 16). such as cheatgrass are so widespread restrictive conservation measures, such Livestock trampling events that are that they have been documented as no early spring grazing, fencing to most likely to adversely affect Lepidium spreading into areas that have not been exclude livestock, and delaying turnout papilliferum usually occur when large disturbed (Piemeisal 1951, p. 71; of livestock when soils are saturated numbers of livestock are concentrated Tisdale et al. 1965, pp. 349 and 351; (State of Idaho et al. 2006, pp. 133 to on or around slickspots that are Stohlgren et al. 1999, p. 45); therefore, 134). High priority EOs were designated saturated with water (Hoffman 2005; the absence of livestock use does not based on existing habitat quality, Meyer et al. 2005, pp. 21 to 22). protect the landscape from invasive, geographic location relative to other Saturated conditions typically exist for nonnative weeds (Frost and existing EOs, minimal land use short periods each year and may never Launchbaugh 2003, p. 44). With careful activities, the absence or presence of occur in some (drought) years (Hoffman management, livestock grazing may be resources to address threats, and the 2005). Predicting when soils will be wet used as a tool to select for certain native need to preserve enough EOs in a climate with few and inconsistent species or even to control cheatgrass throughout the species’ range to prevent precipitation events is difficult. (Frost and Launchbaugh 2003, p. 43). extinction in case of a catastrophic Consequently, managing livestock to There was no significant difference in event. In high priority EOs, greater avoid penetrating tramping events is cover of exotic plant species in emphasis is placed on protection and difficult. Supplemental salt and slickspots between grazed and ungrazed restoration of habitat. BLM has changed watering sites can alter livestock areas in the 2004 HIP dataset, although the season of grazing use from spring to distribution, and depending on location, soil crust cover was significantly lower fall, and implemented a deferred can increase or decrease trampling of in grazed transects (Menke and Kaye rotation management system on some slickspots. 2006b, p. 19). Analysis of HII data from allotments to protect flowering annuals At least two penetrating trampling 1999 through 2001 found no effect of from grazing (State of Idaho et al. 2006, events have been suggested as the cause livestock grazing on slickspot perimeter pp. 133 to 134). of substantial losses in Lepidium integrity, weedy species density, Under the revised Juniper Butte Range papilliferum numbers. In 1996, when perennial forb or grass establishment, or INRMP, the U.S. Air Force will continue other sites at the OTA had a reasonably organic debris accumulation in to use livestock throughout the majority high numbers of L. papilliferum slickspots (Menke and Kaye 2006a, p. of the Juniper Butte Range to reduce the individuals, a study site referred to as 10). Cumulative livestock sign had a amount of standing grass biomass to the ‘‘States site’’ experienced substantial significant negative correlation with reduce wildfire risk (U.S. Air Force declines. In 1993, this site had exotic grass dominance around 2004, pp. 6–37 to 6–39). The grazing thousands of plants. In the spring of slickspots (Menke and Kaye 2006a, p. component plan for the INRMP states 1996, a trampling event disrupted or 11) and with the frequency of slickspots that livestock use will occur annually buried the in-situ seed bank (Meyer et with dense weedy annuals in 2001 for up to 60 days while the bombing al. 2005, pp. 21 and 22). Since this (Menke and Kaye 2006a, p. 10). The range is shut down for clean-up and trampling event, fewer than 10 plants analysis of grazing effects was limited target maintenance. The shutdown have been observed at the site despite since the HII data were observational period lasts a maximum of 60 days yearly visits (Meyer et al. 2005, pp. 21 only (no controlled experiments were within a 90-day period, from April 1 and 22). In another study area, four of performed), all areas were likely grazed through June 30 (U.S. Air Force 2000, five sites experienced increases in plant at some point in the past, and grazing pp. B–18 to B–21). The INRMP

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emphasizes avoiding grazing when Federal lands (Mancuso 2000, p. 13). development occurring within 0.31 mi slickspots are wet in order to reduce One site was impacted by illegal mining (500 m) of 17 transects, and agricultural trampling of slickspot habitats. It also activity in 1999 on BLM and private development was documented adjacent provides guidance for annual lands (DeBolt 1999). No other impacts to 10 transects (Colket 2005b, Table 2). monitoring of slickspot soil moisture to from gravel or cinder mining have been Currently, the effects from determine livestock turnout dates for documented, therefore gravel or cinder development to Lepidium papilliferum Juniper Butte Range (U.S. Air Force mining does not constitute a significant are confined geographically to the Snake 2000, pp. B–18 to B–21). The U.S. Air threat to the species. River Plain, however these threats are Force established three fenced areas of Power, gas, and other lines, and not significant. Development does not 173 ac (70.0 ha), 8 ac (3.2), and 30 ac related roads, affect and fragment appear to be a threat at all for L. (12.1 ha), respectively, in 2002, with the Lepidium papilliferum EOs. Utility lines papilliferum EOs on the Owyhee intent of promoting Lepidium and accompanying roads have been Plateau. documented running through at least papilliferum research and seed Nonnative Seeded Species collection (Binder 2006), when four EOs, gas lines run through two EOs, compatible with the Air Force mission. and roads run through at least six EOs A decline in habitat quality for There was no significant correlation (Colket et al. 2006, Appendix C). In Lepidium papilliferum since 1998 in between total livestock print cover or addition to direct habitat destruction, terms of decreased vascular plant cover, cover of prints penetrating to the these corridors allow off-road vehicle species richness, and species diversity slickspot clay layer and abundance of L. access and increase the chance of was noted by Menke and Kaye (2006b, papilliferum, and both the abundance of nonnative plant invasions and human- p. 19), although they found no change L. papilliferum per slickspot and ignited wildfires. Transportation in the cover of exotic grasses or forbs in proportion of flowering plants was corridors associated with development the plant community between 1998 and similar between grazed and ungrazed also increase the probability of human- 2004, and no relationship between transects for the single year of data ignited wildfires and the spread of short-term abundance of L. papilliferum reported in 2004 (Menke and Kaye nonnative, invasive plants. Future and weedy species cover in slickspots 2006b, p. 15) and no other data were developments associated with power, (Menke and Kaye 2006b, p. 15). At this available that indicated otherwise. gas, other lines, and related roads time, we have no data supporting a Therefore, we do not believe that through habitat occupied by the species conclusion that longer-term abundance livestock impacts are a threat to the may be a potential threat depending will be negatively affected by the species. upon design and mitigation measures presence of exotic grasses. associated with the developments. But Rangeland revegetation priorities on Residential and Agricultural at this time we have no data that such public lands in southeast Idaho have Development development constitutes a significant included providing forage for livestock, Past residential and agricultural threat to the species. erosion control, wildfire prevention, development has been responsible for Of the Lepidium papilliferum EOs for reducing nonnative annual grass five documented local extirpations and which habitat information has been density, and watershed rehabilitation. four probable local extirpations of collected, 14 of 75 (13 of 60 on the Some nonnative perennials can out- Lepidium papilliferum (Colket et al. Snake River Plain and 1 of 15 on the compete native species and decrease 2006, p. 4). The long-term viability of L. Owyhee Plateau) have development biodiversity (summarized by Harrison et papilliferum occurrences on private (e.g., utility lines, mining, agricultural al. 1996, 62 pp.). For example, crested land on the Snake River Plain has the development, and residential wheatgrass, a forage species that was potential to be compromised due to the development) within them, and 28, all once commonly planted within the continuation of residential and urban on the Snake River Plain, have range of Lepidium papilliferum, is a development in and around Boise development adjacent to them within competitor and its seedlings are better (Moseley 1994, p. 20). Today, all or 0.31 mi (500 m) (Colket et al. 2006, than some native species at acquiring portions of 18 L. papilliferum EOs Appendix C). On the Owyhee Plateau, moisture at low temperatures (Lesica covering 457 acres (3.5 percent) (not one EO has development occurring and DeLuca 1998, p. 1; Pyke and Archer including EOs managed by cities or within it, and no EOs have development 1991, p. 4; Bunting et al. 2003, p. 82). counties) occur on private land. within 0.31 mi (500 m) (Colket et al. The results from surveys conducted on However, half of these 18 EOs are 2006, Appendix C). the Owyhee Plateau by (Popovich 2002, smaller than one acre, and most are Within the Snake River Plain, an p. 16) indicated that the number of L. classified as having fair to poor habitat estimated 327,549 ac (132,554 ha) (20 papilliferum plants per site was lower in quality (Colket et al. 2006, pp. 39 to 41). percent) has been converted to habitat with crested wheatgrass Residential and agricultural agriculture (IDWR 1999), and 94,974 ac seedings, compared to native sagebrush- development can affect L. papilliferum (38,435 ha) (6 percent) has been steppe habitat areas or burned areas that and slickspot habitat through habitat converted to urban areas (University of had not been seeded (Popovich 2002, p. conversion, increased nonnative plant Idaho 2001). 16). Forage kochia (Bassia prostrata, invasions, increased off-highway Development was not a parameter that formerly Kochia prostrata) is another vehicle use, increased wildfire, changes was measured in 2004 through the HIP nonnative species that has been used for to insect populations, and increased transect monitoring program (Colket rangeland habitat restoration. fragmentation. Future residential and 2005a). In 2005, 79 HIP transects were Thousands of forage kochia plants have agricultural development on private monitored (57 on the Snake River Plain been observed in relatively small land occupied by the species is a and 22 on the Owyhee Plateau); of these slickspots, and it is documented as a potential threat that is limited to 3.5 transects only one transect on the Snake direct competitor with L. papilliferum percent of the total known element River Plain had development occurring in slickspots (DeBolt 2002; Quinney occurrence acreage, therefore such at the transect (in this case residential/ 2005). In one study area within the Poen development is not a significant threat. commercial). Monitoring in 2005 on the fire rehabilitation project, post-wildfire Gravel or cinder mining may affect Snake River Plain also documented monitoring over a 6-year period Lepidium papilliferum on State and residential and commercial following aerial seeding with forage

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kochia showed eventual loss of L. Under current policies, BLM no 2004 and found a decline in the quality papilliferum along the monitoring longer uses forage kochia as a wildfire of habitat surrounding slickspots transect, and a dramatic increase in rehabilitation species in Lepidium occupied with Lepidium papilliferum in forage kochia (DeBolt 2002). Four other papilliferum habitat (USBLM 2002). terms of decreased vascular plant cover, slickspots, containing a total of 31 BLM emphasizes the use of native species richness, and species diversity. individual L. papilliferum plants and plants, including forbs, in seed mixes They found no change in the cover of numerous forage kochia plants in 2000, and avoids the use of invasive, exotic grasses or forbs in the plant were void of L. papilliferum and nonnative species (State of Idaho et al. community between 1998 and 2004, and dominated by forage kochia in 2005 2006, p. 26). In January 2004, BLM no relationship between short-term (Quinney 2005). Blue flax (Linum issued an Instruction Memorandum to abundance of L. papilliferum and weedy lewisii) is another nonnative seeded employees on compliance with CCA species cover in slickspots (Menke and plant that was found within HIP requirements for emergency Kaye 2006b, p. 15). Because abundance transects (Colket 2005a, p. 6). It is not stabilization and wildfire rehabilitation cannot be correlated with habitat clear why these L. papilliferum plants activities (State of Idaho et al. 2006, p. changes, we find that a decline in were absent. 71). habitat quality is not threatening the Nonnative seeded species exist in 23 The military has a number of ongoing species. of the 75 EOs with documented habitat efforts to address invasive nonnative, seeded plants. These efforts are Wildfire Management and Post-Wildfire information (17 of 60 on the Snake River Rehabilitation Plain and 6 of 15 on the Owyhee implemented and effective in reducing Plateau), and 18 (14 on the Snake River this threat. The U.S. Air Force uses only Activities associated with wildfire Plain and 4 on the Owyhee Plateau) non-invasive plant materials and will management include fuel management have non-native seeded species adjacent not use forage kochia, intermediate projects (e.g., greenstrips, prescribed to the EO within 0.31 mi (500 m). wheatgrass (Thinopyrum intermedium, fire), wildfire suppression activities, and The effects of invasive, nonnative formerly Agropyron intermedium), or post-wildfire rehabilitation. These salt-tolerant species such as four-wing seeded plants are monitored as parts of activities can potentially impact existing saltbush (Atriplex canescens) in HIP range-wide transect monitoring for Lepidium papilliferum occurrences and revegetation efforts, with native plants Lepidium papilliferum. In 2004, 71 L. damage slickspot habitat (ILPG 1999) by being used to the maximum extent papilliferum HIP transects (49 on the the establishment of nonnatives or by practicable and in concert with the Snake River Plain and 22 on the mechanical disturbances. military mission for rehabilitation Owyhee Plateau) were measured (Colket Drill seeding is a rehabilitation efforts (U.S. Air Force 2004, p. R–4). 2005a, pp. 46 to 47). Results indicate technique that is used after wildfire. The IDARNG INRMP for the OTA that 11 transects within the Snake River Drill seeding uses a rangeland drill that includes the objectives for maintenance; Plain and 13 transects within the plants and covers seed simultaneously where possible, improvement of in furrows. It is designed to give the Owyhee Plateau had introduced Lepidium papilliferum habitat; and seeds moisture and temperature perennial plant cover (nonnative, restoration of areas damaged by advantages that will enhance their seeded species) (Colket 2005a, pp. 46 to wildfire, through native species and competitive fitness and, consequently, 47). In general, the documented high broadcast seeding, collecting, and their success rate (Scholten and Bunting percentage of plant cover in the 2004 planting small amounts of native seed HIP transect monitoring is attributable not commercially available, and 2001, p. 3). Drill seeding has been used to crested wheatgrass, except at the site monitoring the success of seeding efforts on wildfire rehabilitation projects on with the highest percent cover. This site (IDARNG 2004, p. 72 to 73). Since 1991, BLM lands where Lepidium in the Snake River Plain contained 26.8 the IDARNG has examined historical papilliferum occurs. It impacts percent cover in forage kochia (Colket records and has seeded areas back to the slickspots through mechanical 2005a, pp. 17, 32). Approximately 80 native vegetation that was present prior disturbance and introduces other, often percent (9,163 ac (3,708 ha)) of the to past wildfires. Care is taken to ensure nonnative, plant materials. Historically, Juniper Butte Range is dominated by that restoration does not damage L. slickspots were not understood to have nonnative perennial plant communities papilliferum or its habitat, or introduce any special ecological value, and so no as a result of wildfire rehabilitation species into the habitat that were not attempt was made to avoid them during efforts (U.S. Air Force 1998, pp. 31–120 present in presettlement times (IDARNG rehabilitation activities. We have no to 3–121). 2004, p. 73). data on the extent that drill seeding may Although the use of native plant The IDARNG has demonstrated that still be affecting L. papilliferum habitat, species for wildfire rehabilitation is diligent efforts to suppress wildfire, the although some habitat areas have buffers preferable, previously there have been use of native species, and minimal established to protect them. problems with the availability and high ground-disturbing wildfire Disk or drill seeding has occurred on cost of native seed (Jirik 1999, p. 110; rehabilitation activities can be effective 14 of 60 EOs on the Snake River Plain Brooks and Pyke 2001, p. 9). In recent in reducing the wildfire threat and rates and 10 of 15 EOs on the Owyhee Plateau years, with an increase in research and at which nonnative species spread. (Colket et al. 2006, Appendix C). Drill agencies (e.g., BLM) investing heavily in Because of limited rainfall and harsh seeding may have less severe impacts on projects such as the Great Basin Native conditions, restoration is a difficult task slickspot habitat than disking the soil, Plant Selection and Increase Project and and often requires repeated seedings on but the success of restoring slickspots the Great Basin Restoration Initiative, the OTA (IDARNG 2004, p.73). Methods and Lepidium papilliferum plants varies native seeds and plants are more currently used by the IDARNG may not considerably. The benefits of post-fire available to use in restoration of be economically feasible for revegetation, and subsequent recovery sagebrush-steppe habitat. However, revegetation of large areas of damaged of soil surfaces conducive to restoration of sagebrush-steppe habitat, habitat found in other parts of the range germination and establishment of native and Lepidium papilliferum habitat in of the species. perennial grass and shrub communities, particular, is still considered a difficult Menke and Kaye (2006b, p. 19) may outweigh the initial short-term and expensive task. evaluated rangewide data from 1998– disturbance associated with drill

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seeding (Young and Allen 1996, pp. 533 potential to impact occupied or suitable papilliferum, although this activity is to 534; Bunting et al. 2003, pp. 82 to 85). habitat (State of Idaho et al. 2006, p. 26). not threatening the species. Ground disturbance associated with Rehabilitation and restoration standard Recreation wildfire control, such as establishment operating procedures for L. papilliferum of fire lines (areas with vegetation were issued in an Instruction Recreational activities that may affect removed to break fuel continuity), fire Memorandum in January 2004 (State of Lepidium papilliferum include hiking, camps, and staging areas, and the use of Idaho et al. 2005, p. 33). BLM avoids horseback riding, and off-highway wildfire suppression vehicles, can also spraying herbicides within or near vehicles. Juniper Butte Range and areas impact existing Lepidium papilliferum known occupied habitat, and conducts of the OTA are protected from occurrences and damage slickspot pretreatment surveys of at least 5 recreational activities because of habitat (ILPG 1999). Similarly, percent of previously unsurveyed military restrictions. construction of fuel breaks, while habitat prior to herbicide or ground Off-highway vehicle use has been beneficial in slowing the movement of disturbing treatments associated with documented in 16 of the 75 EOs (16 of wildfire, may also impact L. emergency wildfire rehabilitation 60 on the Snake River Plain, none on papilliferum through ground activities (State of Idaho et al. 2006, p. the Owyhee Plateau) for which habitat disturbance or the use of invasive, 27). information has been collected (Colket nonnative, seeded species. Only two The military has a number of ongoing, et al. 2006, Appendix C). EOs, both on the Snake River Plain, are effective efforts to address wildfire Effects from recreational activities are documented as having wildfire lines management activities. The potential for monitored as part of the HIP range-wide within them, although neither has wildfire ignition and spread are transect monitoring for Lepidium documented wildfire lines within decreased by the placement of papilliferum. In 2004, 3 of 49 transects slickspots (Colket et al. 2006, Appendix appropriate restrictions on activities, on the Snake River Plain showed off- C). Herbicides used to pretreat and the use of wildfire indices to restrict highway vehicle tracks within the EO rehabilitation areas prior to seeding may activities when the wildfire rating area, and 1 transect had off-highway also impact L. papilliferum. These hazard is extreme (U.S. Air Force 2004, vehicle tracks directly through it (Colket activities may injure or kill individual p. R–3). The U.S. Air Force uses drill 2005b, Table 1). In 2005, two EOs on the plants or the seed bank through seeders equipped with depth bands to Snake River Plan had tracks in the mechanical disturbance or direct avoid unnecessary disturbance to soils, general occurrence area, and one had exposure to herbicides. Indirect effects avoids slickspots to the maximum tractor tracks running through the associated with mechanical disturbance extent practicable in drill seeding transect (Colket 2005b, Table 1). New of slickspot soils include increased efforts, and uses broadcast seeding to tracks are documented each year, so probability of establishment of invasive, the maximum extent practicable monitoring reports are not cumulative. nonnative plants, burying of the seed consistent with reseeding goals (U.S. Air Off-highway vehicle use was also bank to a depth where seedlings cannot Force 2004, p. R–4). The IDARNG monitored within the Owyhee Plateau L. emerge from the soil, and mixing of restores wildfire-damaged areas using papilliferum EOs in 2004 and 2005, but slickspot soil layers, which affects the native species and broadcast seeding. no off-highway use was documented. suitability of a microsite for the species. Similarly, the IDARNG provides their An analysis of HII transects between The effect of drill seeding is fire crews with maps of all known 1998 and 2001 indicated that only a few monitored as part of the HIP range-wide occupied habitat, and actively transects had OHV use in each year, that transect monitoring. In 2004, of the 71 suppresses all wildfires on the OTA. impacts appeared to be minimal, and Lepidium papilliferum transects Blading is not permitted in Lepidium that OHV use regionally does not appear monitored, 3 transects on the Snake papilliferum habitat areas on the OTA. to be a major agent of habitat River Plain and 5 transects on the Existing roadways serve as fuel breaks degradation, while noting that Owyhee Plateau had evidence of old within the OTA, and allow for quick concentrated OHV use in localized areas drill seedings within slickspots; no access for wildfire management could potentially be more problematic transects had evidence of firefighting (IDARNG 2004, p. 73). Since 1987, the (Menke and Kaye 2006a, p. 18). disturbances within slickspots (Colket IDARNG has demonstrated that efforts Therefore, we have determined from the 2005a, pp. 44 to 45). to suppress wildfire and the use of available data that any potential impact Through the CCA, BLM has native species with minimal ground- to Lepidium papilliferum from implemented a number of conservation disturbing fire rehabilitation activities recreation appears to be localized. measures to avoid or minimize impacts can be effective in reducing the wildfire Additionally, we have no data to the species from wildfire prevention, threat and reducing establishment rates indicating that recreation is a major wildfire suppression, and post-wildfire of nonnative, unseeded species agent of habitat degradation and emergency rehabilitation activities. associated with wildfire management therefore is not threatening the species. These measures are effective to reduce activities (IDARNG 2004, p. 73). this threat at least partially. BLM and Wildfire management has positive Military Training fire cooperators distribute maps and consequences (i.e., the control of Military activities within the range of inform crew members of the location of wildfires) and potentially negative Lepidium papilliferum include Lepidium papilliferum to maximize consequences (i.e., destruction of ordnance impact areas, training wildfire protection in those areas, and to slickspots through habitat restoration activities, military development, and an minimize potential impacts from and wildfire control practices), increased risk of wildfire and nonnative suppression related activities (State of depending on how the activity is plant invasions. Military training occurs Idaho et al. 2006, p. 26). Per implemented. The Expert Panel on the Snake River Plain at the OTA conservation measure .08 of the CCA, considered wildfire management to be (seven EOs) and on the Owyhee Plateau BLM uses seeding techniques that less of an impact than the first four at the Juniper Butte Range (a portion of minimize soil disturbance, such as no- factors discussed above. After our one EO). INRMPs developed for both the till drills and rangeland drills equipped review of the available data, we have Juniper Butte Range and the OTA with depth bands, when rehabilitation determined that wildfire management provide management direction reducing and restoration projects have the can potentially impact Lepidium or eliminating many of these threats

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from military training exercises. The specific studies documenting foraging account for a majority of the range of the OTA, where 14 years of INRMP on L. papilliferum by Mormon crickets species (87 percent of the total area and conservation efforts have been (Anabrus simplex). Insect herbivores portions of 71 of the 85 extant EOs). implemented, is considered the most have been studied as part of pollinator Conservation efforts are not a basis for intact, native L. papilliferum habitat and reproductive biology studies our finding here, but ongoing range-wide (Colket et al. 2006, pp. 22 to (Robertson et al. 2004). Flower petal conservation efforts will be helpful in 23; Meyer 2005, p. 1). herbivory of L. papilliferum by offsetting any effects that do occur from The IDARNG and the U.S. Air Force chrysomelid beetles (Phyllotreta spp.) potential threats, and further voluntary are implementing various conservation was shown to be detrimental to seed conservation efforts are encouraged. efforts to avoid or reduce adverse effects production because of decreased Therefore, available data does not of military training on the species and pollinator visitation; pollinators did not suggest that existing regulatory its habitat, and the IDARNG has had visit flowers with missing flower petals. mechanisms are inadequate. measures in place that promote the Other insect herbivores include E. Other Natural or Manmade Factors conservation of Lepidium papilliferum plutellid moth larvae, which eat all Affecting Its Continued Existence prior to revisions to the IDARNG INRMP portions of the plant; harvester ants made in 2004. The threat of military which eat entire fruits or leaves from The Expert Panel identified training is localized in area, and plants; mirid bugs, which probably suck unpredictable rain events and drought minimal in significance across the range phloem; grasshoppers (Acrididae); and as climate factors affecting Lepidium of the species. leafhoppers (Cicadellidae), which papilliferum, but did not consider them probably suck phloem (Robertson et al. to be significant threats to the species. Summary of Factor A 2004, p. 12). At three different sites (one We have no data that climatic patterns There is little disagreement that the at Kuna Butte and two at the Orchard of rainfall will significantly change over quality and composition of the sage- Training Area), 35 percent, 37 percent, time. Therefore, we do not consider brush steppe ecosystems that surrounds and 23 percent of plants showed drought or lack of rainfall to pose an the slickspot microsites inhabited by evidence of insect herbivore damage extinction risk, although it can cause a Lepidium papilliferum has become (Robertson et al. 2004). short-term decline in population degraded over time. Increased fire Herbivory impacts to L. papilliferum numbers. No other threats to L. frequencies largely caused by the from large, native ungulates, such as elk, papilliferum were identified under invasion of exotic annual grasses are of deer and antelope, have not been Factor E. particular concern, as are potentially observed. However, pronghorn antelope Summary of Factors Affecting the destructive penetrating trampling events tracks and droppings (U.S. Air Force Species—Conclusion of slickspots by livestock. What is not 2003, p. 14) and elk tracks and clear is the relationship between these droppings (State of Idaho et al. 2006, The primary factors affecting factors and the long-term persistence or Appendix A) have been infrequently Lepidium papilliferum are habitat viability of L. papilliferum. What little documented in slickspots that support based. We examined other potential data we have at this time does not L. papilliferum. Domestic sheep have threats and determined that the indicate any direct relationship between been observed pulling the plants from available data does not suggest that the the abundance of L. papilliferum and the ground and spitting them out other factors are threatening the species. factors such as livestock use and weedy (Quinney and Weaver 1998). Herbivory We examined data available for effects species cover. Burning appears to have by cattle has not been observed. of wildfire frequency, invasive a negative impact on slickspot We have no data to support the nonnative plants (especially annual conditions, such as increasing exotic conclusion that disease or predation are grasses), livestock impacts, and species cover and decreasing soil crust a significant threat to Lepidium residential and agricultural cover, but these factors were not papilliferum. development. While disturbances to L. significantly correlated with L. papilliferum can result from wildfire, D. Inadequacy of Existing Regulatory commercial and residential papilliferum abundance. Accordingly Mechanisms we find that L. papilliferum is not development, livestock use, and ground- threatened by habitat changes to the Lepidium papilliferum is considered a disturbing wildfire management extent that protection under the Act is sensitive species by BLM (BLM 2003, p. practices or recreation activities the needed. 2–1). BLM has regulations that address available data did not support a finding the need to protect sensitive, candidate, that the species is threatened by one or B. Overutilization for Commercial, and federally listed species, and BLM more of these potential threats. Our Recreational, Scientific, or Educational has initiated monitoring of L. analysis of the factors affecting the Purposes papilliferum on Federal lands. species indicates that there is cause for We have no data indicating that Monitoring can be used to identify concern regarding the decline in quality overutilization for commercial, threats, which can result in management of the sagebrush-steppe ecosystem and recreational, scientific, or educational actions necessary for controlling L. the slickspot microhabits within. We purposes is a threat to Lepidium papilliferum habitat degradation. examined the increased frequency of papilliferum. As a signatory of the CCA (State of fires, fueled largely by invasive exotic Idaho et al. 2003, 2006), BLM is the annual grasses, and how it is altering C. Disease or Predation primary land management agency the diversity and composition of the Herbivory of Lepidium papilliferum is implementing conservation efforts for native plant community. We found that reported as sparse. Herbivory by rodents this species. The majority of there was no evidence that habitat and insects has been occasionally implemented conservation efforts degradation is a threat to the species observed on L. papilliferum plants. In associated with the CCA occur on BLM such that listing is warranted at this one instance, grasshoppers (possibly lands. In recent years, BLM has initiated time. However, the concerns generated Acrididae) were observed consuming L. efforts to conserve the species, and the by our analysis emphasize the need for papilliferum flower petals (Geertson CCA represents a major commitment by further research and support for ongoing 2004, p. 3). We are unaware of any BLM for management of lands that efforts to restore and manage the

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sagebrush steppe ecosystem. This also Panel consisted of experts in the fields to forming a basis for not listing a underscores the necessity for close of small populations/fragmentation, species or listing a species as threatened monitoring of L. papilliferum and other annual desert plants, sagebrush rather than endangered, we must find components of the sagebrush community ecology, wildfire/nonnative that the conservation effort is community to better determine the species, soils and livestock use, and L. sufficiently certain to be implemented response of these species to the papilliferum. The discussion of the and effective so as to have contributed alteration of their environment. The best Expert Panel, and other available data, to the elimination or adequate reduction available data do not demonstrate any was then considered by our Manager of one or more threats to the species relationship between altered habitat Panel in order to develop the decision identified through the section 4(a)(1) conditions and the status of L. reported in this finding. analysis. (68 FR 15115, March 28, 2003). papilliferum. The limited data available We conducted three phases of Thus, PECE is relevant in situations do not demonstrate any significant information synthesis and evaluation. where a threats analysis, conducted relationship between the abundance of First, the information on individual without consideration of conservation L. papilliferum and factors such as planned conservation efforts was efforts that meet the standard in PECE, livestock use or weedy species cover. evaluated to determine which of the indicates that listing is warranted. In The two available datasets of abundance efforts that have not yet been such situations, we then consider the monitoring present conflicting results implemented, or have been effect of conservation efforts that meet regarding the trend of the population implemented but have not yet the ‘‘sufficient certainty’’ standard in over time. The population of L. demonstrated whether they are PECE to determine whether such efforts papilliferum is positively correlated effective, met the standard for sufficient have contributed to the elimination or with spring precipitation. L. certainty of implementation and adequate reduction of threats, leading to papilliferum evolved in an arid effectiveness in the Policy for a determination that the species does environment and has adapted to Evaluating Conservation Efforts (68 FR not meet the definition of threatened or fluctuations in precipitation. We have 15115, March 28, 2003). Second, we endangered and therefore does not no data demonstrating that precipitation employed the assistance of an Expert warrant listing, or that that listing as levels are varying significantly from Panel that evaluated all factors possibly threatened, rather than endangered, is historical patterns. Accordingly, we do affecting the species’ current status. appropriate. not find that fluctuation in precipitation Subsequent to the work done by the Because of the time needed to is a threat to the species. expert panel new information became evaluate large numbers of individual available. Our Manager Panel evaluated conservation efforts under PECE, it Status Review Process all the information, including the new sometimes is necessary to proceed with Section 4(b)(1)(A) of the Act requires information, on status, trends, ongoing the evaluation process prior to us to consider the best scientific and conservation efforts, and potential risk completing the threats analysis pursuant commercial data available, as well as to determine whether the species should to section 4(a)(1) of the Act, i.e., before efforts being made by States or other be listed as threatened, listed as we have determined whether efforts that entities to protect a species, when endangered, or not warranted for listing. meet the standard in PECE will actually making a listing decision. To meet this We structured these three phases by play a role in our determination. That standard, we systematically collected differentiating two distinct stages of the was the case in this situation. information on Lepidium papilliferum, analysis: (1) A risk analysis phase that For the PECE analysis, we reviewed its habitats, and environmental factors included compiling biological activities identified in five plans or affecting the species from a wide array information and estimating the risk to conservation strategies. The five plans of sources. In addition, we received a the species; and (2) a risk management were: (1) The Candidate Conservation substantial amount of unpublished phase where our Manager Panel Agreement for Slickspot Peppergrass; (2) information from other Federal evaluated whether the potential threats the Idaho Army National Guard agencies, States, private industry, and identified as part of our section 4(a)(1) Integrated Natural Resource individuals. We solicited information analysis, and summarized in this Management Plan for Gowen Field/ on all Federal, State, or local finding, qualify Lepidium papilliferum Orchard Training Area; (3) the U.S. Air conservation efforts currently in as a threatened or endangered species Force Integrated Natural Resource operation or planned for either L. under the Act. Management Plan for Mountain Home papilliferum or its habitat. Air Force Base; (4) the Conservation In addition, we convened an Expert Policy for Evaluation of Conservation Agreement by and between Boise City Panel of seven independent scientists Efforts and the U.S. Fish and Wildlife Service who assisted in evaluating the available PECE provides a framework and for Allium aasea (Aase’s onion), data and discussed threats to L. criteria for evaluating conservation Astragalus mulfordiae (Mulford’s papilliferum. Expert Panels are not a efforts that have not been implemented milkvetch), and Lepidium papilliferum required component of our analysis, but or have not demonstrated whether they (slickspot peppergrass); and (5) the are used occasionally by the Service to are effective at the time of a listing Conservation Agreement for Slickspot help inform decision makers when there decision. Recognizing that the certainty Peppergrass (Lepidium papilliferum) at is uncertainty. Scientific information on of implementation and effectiveness of the Boise Airport, Ada County, Idaho. Lepidium papilliferum and associated various planned efforts within a We reviewed each conservation effort habitat is limited; data gaps and conservation plan, strategy, or contained in the five conservation plans uncertainty exist in the scientific agreement may vary, PECE requires that to determine which had been community’s knowledge of threats that we evaluate each individual implemented and demonstrated may affect L. papilliferum populations conservation effort that has not been effectiveness in reducing one or more across its geographical range of implemented or for which effectiveness threats. We relied on available sagebrush-steppe habitat. For these has not been demonstrated, and the documentation to determine if the effort reasons, we requested input from policy provides criteria to direct our was implemented by the time of our scientific experts to help us assess the analysis. PECE specifies that to consider analysis. As explained above, status of L. papilliferum. The Expert that a conservation effort(s) contributes conservation efforts that have been

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implemented and demonstrated information limits the Service’s negative population trend range-wide in effectiveness are not subject to confidence in extrapolation of L. L. papilliferum. evaluation under PECE, and are papilliferum population trends at the Determining range-wide abundance considered as part of the section 4(a)(1) OTA to population trends in the and population trends of Lepidium threats analysis (below). We also used remaining Snake River Plain papilliferum is complicated by its the criteria in PECE to evaluate efforts metapopulation and the range-wide annual and biennial life histories and its that had not been implemented, and population. correlation to spring precipitation, efforts that had been implemented but which can vary widely from year to Manager Panel had not yet demonstrated whether they year. Spring rainfall patterns also vary at were effective. We did not rely on those Our Manager Panel reviewed the local scale, which can influence efforts that met the PECE standard in background materials, interacted with abundance of the plant from one our determination. We made our the Expert Panel during their exercises, population to another in the same local determination on the basis of the threats and participated in discussions about area. Abundance estimates are analysis and information about the application of the Act and specific confounded because seeds can remain population status and trends (see terms contained in the Act. The dormant (and viable) in the seed bank below). However, we consider the managers based their assessments on the for at least 12 years. All of these factors conservation plans and the continued data in the record, including comments lead to great natural variability in the commitment of stakeholders to previously received; the data presented abundance of L. papilliferum from year implement the conservation efforts by the individual members of the Expert to year, which confounds our important to the long-term sustainability Panel, as well as data received assessment of population trends. of Lepidium papilliferum. subsequent to the Expert Panel process; Currently we have two relatively long- known information gaps and term datasets of abundance monitoring Expert Panel uncertainty; the number and severity of for Lepidium papilliferum on which to In May 2006, we convened a panel the threats affecting the species; and base our evaluation of population trends composed of seven experts to provide mitigating circumstances that might for this species, the data from the OTA assistance in understanding the ecology ameliorate one or more of the threats. and the data from range-wide HII and and biology of Lepidium papilliferum, The Manager Panel convened on three HIP monitoring (which includes several to assess the threats and extinction risk occasions. This rule is based on the transects on the OTA). The dataset from to the species, and to identify areas of record of these discussions and all the OTA indicates recent declines in the scientific uncertainty. The panelists relevant and available information abundance of the species that do not brought a variety of expertise to the pertaining to the threats to and status of correlate as expected with patterns of discussion, including knowledge and the species. spring precipitation, beginning in 2003 experience with wildfire, nonnative (Weaver 2006, pp. 1–6). Data from the Determination species, range and grazing issues, soils, range-wide HII and HIP transects small populations and fragmentation, We examined the data regarding L. demonstrate that although the annual desert plants, and sagebrush papilliferum populations and population declined following one of its community ecology, and included a L. occurrence as well as the specific highest recorded peaks in abundance in papilliferum species expert. habitat needs of the species. We 1998 (the first year for which HII data The top two potential threats included an examination of habitat was available), the range-wide identified by the Expert Panel were the degradation and modification to the population then stabilized and began invasion of cheatgrass and the sagebrush-steppe ecosystem and the increasing after 2003 (Menke and Kaye subsequent changes to the fire regime in slickspot microhabitats from the current 2006b, Figure 3; USFWS 2006f, Figures the sagebrush-steppe ecosystem. Several wildfire regime (i.e., increasing 8, 9). The range-wide data show members of the panel agreed that the frequency, size, and duration), invasion increases in populations since 2003, and expansion of cheatgrass will likely of non-native weed species (e.g., populations have continued to show a create annual grasslands that will cheatgrass), effects of livestock use (e.g., positive relationship to spring dominate the Snake River Plain within penetrating trampling, disruption of soil precipitation. The available data are not the next 50 years, and would impact crust covers), and residential and consistent with regard to an overall Lepidium papilliferum and its habitat. agricultural development to determine population trend for L. papilliferum. The invasion of exotic annual grasses in whether there were any resulting effects The data from OTA indicate that plant turn increases the frequency of fire, on L. papilliferum.While the sagebrush abundance declined after 1995 and was leading to further alterations of the steppe-ecosystem has experienced generally correlating with spring native plant community. decreased native shrub cover and precipitation until 2003 through present Following the May 2006 Expert Panel, increased exotic grass cover, we have no when plant abundance did not increase the Service received additional data demonstrating that these factors with higher levels of spring information including new analysis of affect L. papilliferum populations. Data precipitation. Range-wide data indicate Lepidium papiliferum population and at this point are limited and based on that L. papilliferum abundance has habitat monitoring data (e.g., Menke and observational measures rather than correlated with spring precipitation and Kaye 2006b). This information was not controlled experiments, but indicate no abundance of the plant range-wide has available to the expert panel and did not significant relationship between the increased since 2004 to levels factor into their extinction risk abundance of L. papilliferum and factors comparable to 1998 range-wide data. We estimates. The Service considers the such as livestock use or weedy species consider this range-wide data to be the extinction risk estimates by the expert cover in slickspots. The data limitations best available at this time. panel to be informative in that they point to the value of the conservation Identification of data gaps and provide a context in which we were able activities and collection of data and to uncertainties helps explain the limits of to assess the new information. However, improve our understanding of the our understanding of future risk to the estimates have limited applicability species, as well as preventive actions. Lepidium papilliferum. We are required to our determination in light of this new However, we do not have evidence that to make a determination whether the information. In particular, the new the factors evaluated here have led to a species qualifies as threatened or

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endangered under the Act based solely data indicating range-wide population are varying significantly from historical on the best available scientific and increases in recent years from the HII patterns. L. papilliferum evolved in an commercial data. To ensure that we and HIP transects add additional arid environment and has adapted to considered this data in the proper uncertainty to our ability to assess the fluctuations in precipitation by a context, the Manager Panel (see Status nature of any population trend for L. strategy of relatively long-term seed Review Process) participated in a papilliferum. The high variability in viability and by increased seed structured analysis that included an plant numbers from year to year, production during favorable conditions. evaluation of the Act’s statutory expected for an ephemeral annual plant Thus, there is no current evidence that requirements, in particular the Act’s with a dormant seed bank that is highly threats are working to threaten the definitions of threatened and dependent on seasonal rainfall, species with endangerment and we endangered, and a review of the data increases the difficulty of discerning cannot predict extinction at any point in from the risk analysis and all other any trend in abundance data over time. time in the foreseeable future, regardless compiled biological information. They Although the quality of the sagebrush- of whether the foreseeable future is considered the data about risks to L. steppe slickspot habitat of L. defined as less than 100 years, 100 papilliferum, including explicit papilliferum has become degraded due years, or more than 100 years. measures of uncertainty, and the data to a variety of threats, the existing data In summary, the Act requires us to supporting the existence of those risks, do not support a determination that make a decision based on the best in the context of the requirements of the those threats are affecting L. available data at the time of the listing Act. The definitions in the Act include: papilliferum across all or a significant determination. The best available data an endangered species is in danger of portion of its range sufficient to require for Lepidium papilliferum indicate that, extinction throughout all or a significant the protections of the Act at this time. while the broad scale habitat in which portion of its range, and a threatened The managers decided that the data the species exists is degraded, we have species is likely to become an before them did not support a no data that correlates this with species endangered species within the determination that L. papilliferum is abundance. We know that annual foreseeable future throughout all or a exhibiting a population decline. The abundance is strongly correlated with significant portion of its range (16 available data do not lead us to spring precipitation (March–May) and a conclude that the species is declining U.S.C. 1532(6), (20)). high degree of variability in annual range-wide, thus we are unable to The Manager Panel convened on three abundance is therefore to be expected. establish that there is a point in time occasions: once during the science The best available range-wide data when the species is likely to be in panel and shortly after the science panel indicate that abundance of the danger of extinction throughout all or a in May 2006, and again in November population range-wide is strongly significant part of its range. The district 2006. correlated with precipitation and has When the Manager Panel convened in court decision found that our previous increased in recent years in association November 2006, focal points of analysis of foreseeable future was with increased rainfall, as expected. discussion included results of the unsupported in the record. In particular, Menke and Kaye 2006 report that was the court noted that the expert panel Accordingly based solely on the best not available at the time of the science concluded that there was a 64–80 available data, we find that Lepidium panel and new insights gained from percent chance that L. papilliferum papilliferum is not presently in danger public comment and review of would become extinct in the next 100 of extinction throughout all or a monitoring results. Of particular note years. Thus, the court thought that our significant portion of its range nor is it were the results that spring ultimate conclusion that the species was likely to become an endangered species precipitation (March–May) explained 89 not likely to become in danger of throughout all or a significant portion of percent of the variation in plant extinction in the foreseeable future its range in the foreseeable future. abundance for the years 1998–2001, depended upon a preliminary References Cited 2002, and 2004 sampled by range-wide conclusion that the foreseeable future HII and HIP transects (Menke and Kaye was in this case a period of time A complete list of all references cited 2006b, p. 10). In addition, this report considerably less than 100 years. herein, as well as others, is available demonstrated a consistent correlation Because the court found that we had not upon request from our Snake River between the abundance of Lepidium adequately explained why the Service Basin Office (see ADDRESSES section). papilliferum and spring rainfall selected the timeperiod it did for Author(s) throughout all years and reported foreseeable future, the court held that population increases range-wide since our determination was arbitrary and The primary authors of this final rule 2003, which contradicted trends capricious. In contrast, given the new are staff of the U.S. Fish and Wildlife reported based on data from the OTA. information, the question of how much Service. Upon reviewing the studies and plant of the future is foreseeable is no longer Authority: 16 U.S.C. 1531 et seq. abundance data, the Manager Panel relevant. We conclude that apparent concluded that indications of declines abundance of the plant can fluctuate Dated January 4, 2007. in plant abundance at OTA cannot be widely from one year to the next, and H. Dale Hall, reasonably extrapolated to the range- abundance is strongly correlated with Director, U.S. Fish and Wildlife Service. wide population of Lepidium spring precipitation. We have no data [FR Doc. 07–60 Filed 1–11–07; 8:45 am] papilliferum, and that the conflicting demonstrating that precipitation levels BILLING CODE 4310–55–P

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