31054 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations collection of information subject to the should be recognized as a species flowers) that are about 6 to 8 mm (0.2 Paperwork Reduction Act of 1995 (Pub. without infra-specific taxa. The studies to 0.3 in) long and 1.5 to 2 mm (0.06 to L. 104–13). In accordance with the concluded that the morphological 0.08 in) wide. The disk flowers are Regulatory Flexibility Act (5 U.S.C. 601 differences previously used to orange and about 3.5 to 3.8 mm (0.14 to et seq), the Department has determined distinguish the two varieties were 0.15 in) long. The seeds are 2-nerved that this rule will not have a significant ecotypic and not genetically based. The achenes (Cronquist 1947, 1994; Welsh economic impact on a substantial Service agreed with this taxonomic 1983a, 1983b; Welsh et al. 1987, 1993). number of small entities because no revision and on September 7, 1994 (59 maguirei was described by requirements are being added for small FR 46219), published notice of its Cronquist (1947) from a specimen businesses and no protections are being acceptance of this change in taxonomic collected in 1940 from Calf Canyon in withdrawn. The Department has understanding. When the status of the the of Emery County, determined that this rule does not entire species is considered, a larger Utah. Erigeron maguirei var. harrisonii constitute a major Federal action having number of individuals is involved than was described by Welsh (1983a) from a a significant impact on the human had been previously considered to specimen he collected in 1982. environment under the National comprise var. maguirei. The Service, However, this variety was first Environmental Policy Act of 1969. The however, believes that E. maguirei’s discovered in 1936 at Hickman Natural benefit of removing this rule from 48 long-term survival is tenuous, since a Bridge in the Capitol Reef of Wayne CFR is the elimination of the printing significant portion of its habitat is County, Utah. Welsh postulated that the cost of reproducing this information in threatened by ongoing and potential morphological differences between E. 48 CFR annually. habitat alteration from mineral maguirei var. maguirei from San Rafael development, recreational activities, Swell and E. maguirei var. harrisonii List of Subjects in 48 CFR Part 1453 and livestock trampling. The species from Capitol Reef could represent Government procurement, Reporting exists in small, reproductively isolated ecotypic variation (Welsh 1983a, 1983b; and recordkeeping requirements. populations that are vulnerable to Welsh et al. 1987, 1993). Heil (1989) reported both varieties from Capitol Dated: April 30, 1996. inbreeding and the loss of genetic viability. Therefore, the Service finds Reef and concluded that E. maguirei var. Bonnie R. Cohen, that E. maguirei is a threatened species harrisonii is an ecotypic shade variant Assistant Secretary—Policy Management and as defined by the Act. of E. maguirei. The Service funded Budget. EFFECTIVE DATE: July 19, 1996. genetic studies as part of its recovery PART 1453Ð[REMOVED] ADDRESSES: The complete file for this activities for E. maguirei var. maguirei rule is available for public inspection, to determine the phylogenetic Under the authority found at Sec. by appointment, during normal business relationship of the two varieties. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); hours at the Utah Field Office, U. S. Through DNA analysis, Van Buren and 5 U.S.C. 301, Chapter 14 of Title 48 Fish and Wildlife Service, Lincoln (1993) documented that E. maguirei var. of the Code of Federal Regulations is Plaza, Suite 404, 145 East 1300 South, maguirei and E. maguirei var. harrisonii amended by removing Part 1453. Salt Lake City, Utah 84115. are not taxonomically distinct, and that recognition at the varietal level is not [FR Doc. 96–15326 Filed 6–18–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: John genetically warranted. The Service BILLING CODE 4310±RF±M L. England, Botanist, at the above accepted Van Buren’s finding, and address (telephone: 801/524–5001; published a notice (59 FR 46219; facsimile: 801/524–5021). Fish and Wildlife Service September 7, 1994) of its recognition of SUPPLEMENTARY INFORMATION: E. maguirei as a species without infra- 50 CFR Part 17 Background specific taxa. In the recently published volume 5 of the Intermountain Flora, RIN 1018±AC71 The genus Erigeron (composite Cronquist et al. (1994) included E. family, ) includes about 200 maguirei var. harrisonii in synonymy Endangered and Threatened Wildlife species (Cronquist 1947, 1994). Most and ; Reclassification of under E. maguirei. The taxonomic Erigeron species are found in the treatment in the Intermountain Flora Erigeron maguirei (Maguire daisy) Western Hemisphere, with the western From Endangered to Threatened further justifies the Service’s acceptance United States as the center of of the species without infra-specific AGENCY: Fish and Wildlife Service, distribution. Erigeron maguirei is a taxa. Interior. perennial, herbaceous with Recent status surveys of endangered, ACTION: Final rule. decumbent to sprawling or erect stems threatened, and other rare plants in the that are 7 to 18 centimeters (cm) (2.7 to San Rafael Swell (Kass 1990) and SUMMARY: The plant Erigeron maguirei 7.1 inches (in)) high. The basal leaves Capitol Reef (Heil 1989) documented (Maguire daisy), endemic to sandstone are spatulate or broadly oblanceolate, 2 that about 3,000 individuals of E. canyons and mesas, is found in the San to 5 cm (0.8 to 2.0 in) long and 6 to 9 maguirei occur at 12 sites. These 12 Rafael Swell in Emery County, Utah, millimeters (mm) (0.2 to 0.4 in) wide. sites are reproductively isolated, and Capitol Reef in Wayne County, The well-developed stem leaves are forming separate populations (R. Van Utah. In 1985, the Fish and Wildlife sessile or short-petiolate, and are Buren, Brigham Young University, pers. Service (Service) listed Erigeron alternately arranged on the stem. The comm. 1994; K. Heil, San Juan College, maguirei var. maguirei as endangered leaves and stems are covered with pers. comm. 1994). Even with this under the Endangered Species Act of abundant spreading hairs. One to three number of individuals and populations, 1973 (Act) as amended. Recent flower heads are borne at the end of the species remains vulnerable to taxonomic studies document that each stem. The floral disc is 8 to 10 mm threats such as the loss of habitat and populations formerly recognized as E. (0.3 to 0.4 in) wide; the involucre is 5 genetic viability. maguirei var. maguirei and E. maguirei to 6.5 mm (0.20 to 0.26 in) high. Each The small and isolated populations of var. harrisonii do not merit recognition floral head has 15 to 20 white or Erigeron maguirei are susceptible to as separate varieties, so that E. maguirei pinkish-white colored ligules (ray natural and man-caused habitat Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31055 disturbances. In localized areas, the Smithsonian report and in the July 1, The processing of this final species has been adversely affected by 1975, Notice of Review. On June 16, reclassification follows the Service’s off-road vehicles and trampling by 1976, the Service published a proposed final listing priority guidance published humans and livestock. Mineral and rule (41 FR 24523) to determine in the Federal Register on May 16, 1996 energy exploration and development are approximately 1,700 taxa, (61 FR 24722). The guidance clarifies potential threats to the species. The including Erigeron maguirei, to be the order in which the Service will demographic stability of the various endangered pursuant to section 4 of the process rulemakings following two populations is not known at this time. Act. related events: 1) the lifting, on April Small and isolated populations often The 1978 amendments to the Act 26, 1996, of the moratorium on final have a high potential of becoming required that all proposals over 2 years listings imposed on April 10, 1995 genetically homozygous, rendering them old be withdrawn. On December 10, (Public Law 104–6), and 2) the vulnerable to the loss of genetic viability 1979, the Service published a notice (44 restoration of significant funding for (R. Van Buren, pers. comm. 1994). FR 70796) withdrawing that portion of listing through passage of the omnibus Individually, natural factors such as the June 16, 1976, proposal which had budget reconciliation law on April 26, disease, flash floods, grazing by native not been finalized. The withdrawal 1996, following severe funding species, erosion, and vegetative notice included E. maguirei. The revised constraints imposed by a number of competition may not pose a definitive notice of review for plants published on continuing resolutions between threat to this species. However, due to December 15, 1980 (45 FR 82480), November 1995 and April 1996. The low population numbers, the included E. maguirei as a candidate guidance calls for prompt processing of cumulative effect of these threats could species. Section 4(b)(3)(B) of the 1982 draft listings, including final jeopardize the continued existence of amendments to the Act requires that the downlistings, that were already in the the species. Secretary of the Interior make a finding Service’s Washington office and already The Service sent the proposed rule to on a petition within 1 year of its receipt. approved by the field and regional reclassify E. maguirei as threatened and In addition, Section 2(b)(1) of the 1982 offices when the severe funding background information to four amendments to the Act required that all constraints were imposed in early fiscal botanists for peer review in order to petitions pending as of October 13, year 1996. A draft of this rule was substantiate the scientific basis of the 1982, be treated as if newly submitted approved the Service’s Denver Regional Service’s finding. Three of the reviewers on that date. Erigeron maguirei was Director on August 9, 1995, and (Dr. Renee Van Buren and Kim Harper, therefore treated as a new petition with transmitted to the Washington office, Brigham Young University, Provo, Utah, October 13, 1983, as the deadline for a where processing was postponed in and Professor Kenneth Heil, San Juan petition finding. On October 13, 1983, favor of other, higher priority listing Community College, Farmington, New the Service made a 12-month finding actions. Mexico) reviewed the proposed rule and that the petition to list the species was status information and provided written Summary of Comments and warranted, but precluded by other comments on the proposed action. They Recommendations listing actions of a higher priority. On agreed with the Service’s proposed In the September 7, 1994, proposed July 27, 1984, the Service published a action to recognize E. maguirei as a rule, and through associated rule proposing E. maguirei var. maguirei species without infra-specific taxa and notifications, all interested parties as an endangered species (49 FR 30211). change its classification from (appropriate Federal and State agencies, The final rule designating the species as endangered to threatened. They also county governments, scientific endangered was published on provided additional information on the organizations, and private individuals) September 5, 1985 (50 FR 36090). species’ distribution, biological threats, were requested to submit information and phylogenetic relationships. The On September 27, 1985, the Service that might contribute to the fourth reviewer did not respond to the published a notice of review for plants development of a final rule for Erigeron Service’s request for peer review. The (50 FR 39526) which included E. maguirei. Newspaper notices were Service took the peer review maguirei var. harrisonii as a candidate published in the Salt Lake Tribune and information into consideration when species. Erigeron maguirei var. the Desert News on October 6, 1994, and preparing this final rulemaking. harrisonii remained a candidate through the Emery County Progress on October the revised plant notice of review 11, 1994. The Service received a total of Previous Federal Action published on September 30, 1993 (58 FR five comments on the proposed rule. Federal action on this species began 51144). The major issues raised by the with section 12 of the Act, which Recent taxonomic studies and status commentors are addressed in the directed the Secretary of the surveys (Heil 1989; U.S. Fish and following summary: Smithsonian Institution to prepare a Wildlife Service 1994; Van Buren 1993; Issue 1: Recent inventories in the San report on plants considered to be R. Van Buren, pers. comm. 1993) Rafael Swell have increased the known endangered, threatened, or extinct in the indicate that E. maguirei var. maguirei distribution of E. maguirei from 1 to 10 United States. This report, designated as and E. maguirei var. harrisonii are not sites and from less than 10 individuals House Document No. 94–51, was taxonomically distinct. Since var. to between 1,000 and 2,000 over a range presented to Congress on January 9, harrisonii is no longer recognized, it has of 50 kilometers (30 miles). A portion of 1975. On July 1, 1975, the Service been removed from candidate status. the species’ distribution is located in the published a notice (40 FR 27823) that The Service published a Federal Sid’s Mountain Wilderness Study Area. formally accepted the Smithsonian Register notice (59 FR 46219; September There are few threats to the species report as a petition within the context 7, 1994) proposing to change the entry because of the Wilderness Study Area’s of section 4(c)(2) (now section 4(b)(3)) of for E. maguirei var. maguirei to one for inaccessibility. the Act. By accepting this report as a E. maguirei, with the understanding that Service Response: The expansion in petition, the Service acknowledged its this would include the plants formerly the range and the discovery of new intention to review the status of those recognized as var. harrisonii. This populations are a primary reason for the plant taxa named in the report. Erigeron notice also proposed to reclassify the Service’s reclassification of the species maguirei was included in the species from endangered to threatened. from endangered to threatened. 31056 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

However, even with this increase in information, the Service has determined D. The Inadequacy of Existing population size, the species remains that Erigeron maguirei should be Regulatory Mechanisms rare and is restricted to certain sites that reclassified from an endangered to a are vulnerable to habitat destruction. threatened species. Procedures found at Through management plans, the BLM Several populations continue to be section 4(a)(1) of the Act and regulations and National Park Service (NPS) have impacted by human and livestock implementing the listing provisions of provided some protection for E. trampling, especially in wash bottoms. the Act (50 CFR 424) were followed. A maguirei and its habitat in the San The long-term protection of the species species may be determined to be Rafael Swell and Capitol Reef areas. It in the Sid’s Mountain Wilderness Study threatened due to one or more of the is believed that these Federal agencies Area is uncertain, since the area has not five factors described in section 4(a)(1). will continue to assist in the protection been officially designated as a These factors and their application to and recovery of this plant as a wilderness area. Without such Erigeron maguirei Cronquist (Maguire threatened species. designation, the area could be opened to daisy) are as follows: E. Other Natural or Manmade Factors various uses and development. Affecting Its Continued Existence Issue 2: Given the uncertainty of A. The Present or Threatened world market conditions for uranium, Destruction, Modification, or The small population size and uranium mining is unlikely to occur in Curtailment of Its Habitat or Range restricted habitat of E. maguirei make the species’ habitat. Over a period of The habitat of Erigeron maguirei is this plant vulnerable to natural or time, existing claims will likely be threatened with modification or human-caused catastrophic abandoned. destruction by off-road vehicle use and disturbances. Low population numbers, Service Response: Uranium mining mining claim assessment work. Off-road geographic separation, and reproductive claim assessment work continues in or vehicle use is a potential threat to isolation may contribute to reduced near populations of E. maguirei. The populations located in accessible genetic viability in each of the Service is concerned that mineral washes. Uranium ore deposits are individual populations. The extraction could begin as soon as market known to occur within the species’ accumulation and expression of conditions change and thus pose a habitat. Annual assessment work on phenotypic lethal alleles in the gene serious threat to the species. Mining uranium claims and other minerals is pool is highly probable since small activities and associated surface adversely impacting the species and its inbreeding populations become disturbances could directly or indirectly habitat (U.S. Fish and Wildlife Service increasingly homozygous over time (R. destroy plants or render the habitat 1994). Any future development of these Van Buren, pers. comm. 1993). It is not unsuitable for the species. mineral deposits or associated surface presently known whether there are Issue 3: The Service did not change disturbances could be detrimental to the sufficient numbers of individuals to the status of E. maguirei var. harrisonii species and its habitat. Additionally, ensure the long-term survival of the from category 2 to category 1 in the human and livestock trampling are species (U.S. Fish and Wildlife Service notice of review as a consequence of known to adversely impact individual 1994). Heil’s (1989) report. plants. Human foot traffic off Service Response: Heil (1989) The Service has carefully assessed the established trails in Capitol Reef postulated that E. maguirei var. best available scientific and commercial National Park is affecting one harrisonii might not be taxonomically information regarding past, present, and population (Heil 1989; K. Heil, pers. distinct at the varietal level. Erigeron future threats faced by this species. comm. 1994). Trampling from human maguirei var. harrisonii remained a Based on this evaluation, the preferred foot traffic is a potential threat to the category 2 species until the taxonomic action is to list E. maguirei as a species throughout its scenic canyon issue was resolved. Once the Service threatened species. Information habitat in the San Rafael Swell and determined that E. maguirei var. gathered from surveys and recovery Capitol Reef areas. Livestock trampling maguirei and var. harrisonii were not efforts conducted by the Service, BLM, has affected all populations, including taxonomically distinct, var. harrisonii and NPS have documented additional those in Capitol Reef National Park. was removed from candidate status. numbers of plants and indicated that Issue 4: The Service’s proposed rule Unlike most National Parks, Capitol some populations are relatively secure identified five populations of E. Reef National Park is not closed to and adequately protected (Kass 1990). maguirei. Based on effective pollinator livestock grazing. Livestock trampling Consequently, the Service finds that the distances, at least 10 separate negatively impacts individuals of E. present magnitude of threats is populations should be recognized. maguirei growing in accessible wash significantly less than when E. maguirei Service Response: The Service bottoms. This results in the species var. maguirei was first listed as grouped the species occurrences into being restricted to less suitable habitat endangered in 1985. The Service five population clusters for convenience in the sandstone crevices of the concludes that the species no longer of discussion in the proposed rule. After adjoining slickrock canyon walls. warrants listing as endangered under reviewing the public comments and B. Overutilization for Commercial, the Act. Nevertheless, with less than available information, the Service made Recreational, Scientific, or Educational 3,000 known individuals existing in a revision in the rule and will use 12 Purposes only 12 populations, the long-term populations as a frame of reference for survival of E. maguirei continues to be discussing the species’ distribution. None known. threatened by current and potential This is more closely aligned with the C. Disease or Predation habitat disturbance from mining and populations recognized by the Bureau of recreational activities and livestock Land Management (BLM) and others. Under certain conditions, E. maguirei trampling. Additionally, the species’ may be vulnerable to livestock grazing. small, reproductively isolated Summary of Factors Affecting the Concentrations of livestock in localized populations may be subject to long-term Species areas, specifically wash bottoms that genetic impoverishment due to their After a thorough review and have limited vegetation, may result in E. restricted gene pools. Therefore, the consideration of all available maguirei being grazed by livestock. Service has determined that E. maguirei Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31057 should be listed as threatened without and reduction to possession of E. New York Botanical Garden, Bronx, the designation of critical habitat. maguirei from areas under Federal New York. 496 pp. jurisdiction continues to be prohibited Critical Habitat Heil, K.D. 1989. A vegetation study of under section 9 of the Act and 50 CFR Capitol Reef National Park— Section 4(a)(3) of the Act, as 17.71. However, the malicious damage endangered, threatened, rare, and amended, requires that to the maximum or destruction of endangered plants on other plants of concern at Capitol Reef extent prudent and determinable, the areas under Federal jurisdiction, and the National Park. National Park Service, Secretary propose critical habitat at the removal, cutting, digging up or damage Torrey, Utah. time a species is proposed for listing as or destruction of endangered species on endangered or threatened. The Service Kass, R.J. 1990. Final report—habitat any other area in knowing violation of inventory of threatened and finds that designation of critical habitat any State law or regulation or in the is not prudent for E. maguirei. endangered and candidate plant course of any violation of a State species in the San Rafael Swell, Utah. Designation of critical habitat would criminal trespass law will no longer entail publishing a detailed map and Bureau of Land Management, Salt constitute a violation of section 9. The Lake City, Utah. 87 pp. description of critical habitat in the import, export, and interstate and U.S. Fish and Wildlife Service. 1994. Federal Register, which could expose foreign commerce prohibitions of Maguire daisy (Erigeron maguirei) the species to threats of vandalism. section 9 continue to apply to E. draft recovery plan. U.S. Fish and Moreover, few additional benefits maguirei. would be provided to the species by Wildlife Service, Salt Lake City, Utah. Pursuant to section 10 of the Act and designation of critical habitat since most 20 pp. 50 CFR 17.72, permits may be issued to of the small, isolated populations are carry out otherwise prohibited activities Van Buren, R. 1993. Randomly located on Federal lands. Any Federal involving threatened plants. Such amplified polymorphic DNA and action that would impact the species’ permits are available for scientific resolution of classification problems habitat would be addressed through the purposes and to enhance the in Erigeron (Asteraceae). Report section 7 consultation process. Section propagation or survival of endangered prepared for the U.S. Fish and 9(a)(2)(B) of the Act makes it unlawful and threatened species. For threatened Wildlife Service, Salt Lake City, Utah. to remove and reduce to possession any plants, permits also are available for 10 pp. (Abstracted in the American listed plant from any area under Federal botanical or horticultural exhibition, Journal of Botany 81(6):197–198. jurisdiction. The NPS and BLM are educational purposes, or special 1994.) aware of the occurrence of E. maguirei purposes consistent with the purposes Welsh, S.L. 1983a. A bouquet of daisies on lands under their jurisdiction and of and policy of the Act. Requests for (Erigeron, Compositae). Great Basin their legal obligation to protect listed copies of the regulations regarding listed Naturalist 43(2):179–357. plants. Protection of the species’ habitat species and inquiries about prohibitions Welsh, S.L. 1983b. Utah flora: will be accomplished through the and permits may be addressed to the Compositae (Asteraceae). Great Basin recovery process. Field Supervisor of the Service’s Salt Naturalist 43(2):365–368. Effects of the Rule Lake City Field Office (see ADDRESSES Welsh, S.L., N.D. Atwood, L.C. Higgins, This rule changes the status of section). and S. Goodrich. 1987. A Utah flora. Erigeron maguirei from endangered to This reclassification is not an Great Basin Nat. Mem. 9:1–894. threatened and formally recognizes that irreversible commitment on the part of Welsh, S.L., N.D. Atwood, S. Goodrich, this species is no longer in imminent the Service. Reclassifying E. maguirei to and L.C. Higgins. 1993. A Utah flora, danger of extinction throughout a endangered would be possible should second edition, revised. Brigham significant portion of its range. changes occur in management, habitat, Young University Press, Provo, Utah. Reclassification to threatened does not or other factors that alter the present 986 pp. significantly alter the protection threats to the species’ survival and Author afforded this species under the Act. recovery. Section 7(a) of the Act requires National Environmental Policy Act The primary author of this final rule Federal agencies to evaluate their is John L. England (see ADDRESSES actions with respect to any listed The Fish and Wildlife Service has section). species. The consultation and other determined that Environmental requirements of section 7 apply equally Assessments and Environmental Impact List of Subjects in 50 CFR Part 17 to endangered and threatened species. Statements, as defined under the Endangered and threatened species, Virtually all known populations of E. authority of the National Environmental Exports, Imports, Reporting and maguirei occur on lands under the Policy Act of 1969, need not be recordkeeping requirements, and jurisdiction of the BLM or NPS. Those prepared in connection with regulations Transportation. two agencies have been involved in adopted pursuant to section 4(a) of the recovery and section 7 consultation Endangered Species Act of 1973, as Regulation Promulgation activities for this species since it was amended. A notice outlining the Accordingly, part 17, subchapter B of listed as endangered in 1985 and are Service’s reasons for this determination chapter I, title 50 of the Code of Federal likely to remain involved. Recovery was published in the October 25, 1983 Regulations, is amended as set forth activities are not expected to diminish Federal Register (48 FR 49244). below: since the primary objective of the References Cited recovery strategy is delisting of the PART 17Ð[AMENDED] species. The final recovery plan will Cronquist, A. 1947. Revision of the reflect information acquired since the North American species of Erigeron, 1. The authority citation for Part 17 plan was drafted. north of Mexico. Brittonia 6(2):1–302. continues to read as follows: Certain prohibitions that apply to Cronquist, A. 1994. Volume 5, , Authority: 16 U.S.C. 1361–1407; 16 U.S.C. endangered plants do not apply to intermountain flora; vascular plants of 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– plants listed as threatened. The removal the Intermountain West, U.S.A. The 625, 100 Stat. 3500; unless otherwise noted. 31058 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

§ 17.12 [Amended] following, in alphabetical order under § 17.12 Endangered and Threatened 2. Section 17.12(h) is amended by FLOWERING PLANTS, to the List of Plants. removing the entry for Erigeron Endangered and Threatened Plants to * * * * * maguirei var. maguirei and adding the read as follows: (h) * * *

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

Flowering Plants

******* Erigeron Maguire daisy ...... U.S.A. (UT) ...... Asteraceae ...... T 202,584 NA NA maguirei.

*******

Dated: May 29, 1996. John G. Rogers, Acting Director, Fish and Wildlife Service. [FR Doc. 96–15571 Filed 6–18–96; 8:45 am] BILLING CODE 4310±55±P