Federal Register / Vol. 67, No. 25 / Wednesday, February 6, 2002 / Rules and Regulations 5515
impractical, documents may be WordPerfect 9.0 format or earlier DEPARTMENT OF THE INTERIOR numbered within the logical sequences releases. Fish and Wildlife Service of volumes or sections that make up the (2) Three sets of evidence or filing and need not be renumbered to workpapers consisting of mathematical 50 CFR Part 17 maintain a single numbering sequence computations must be submitted as throughout the entire filing. functioning electronic spreadsheets in RIN 1018–AF75 (c) Some filings or portions of filings Lotus 1–2–3 Release 9 or Microsoft will not conform to the standard paper Excel 97, or compatible versions, on Endangered and Threatened Wildlife specifications set forth in paragraph (a) compact discs or 3.5-inch IBM- and Plants; Determination of of this section and may not be Endangered Status for the Washington scannable. For example, electronic compatible formatted floppy diskettes. In order to fully evaluate evidence, all Plant Hackelia venusta (Showy spreadsheets are not susceptible to Stickseed) scanning, but oversized documents, spreadsheets must be fully accessible such as oversized maps and blueprints, and manipulable. Electronic databases AGENCY: Fish and Wildlife Service, may or may not be scannable. Filings placed in evidence or offered as support Interior. that are not scannable will be referenced for spreadsheet calculations must be ACTION: Final rule. on-line and made available to the public compatible with the Microsoft Open at the Board’s offices. If parties file Database Connectivity (ODBC) standard. SUMMARY: We, the U.S. Fish and oversized paper documents, they are ODBC is a Windows technology that Wildlife Service (Service), determine encouraged to file, in addition to the allows a database software package to endangered status under the oversized documents, representations of import data from a database created Endangered Species Act of 1973, as them that fit on the standard paper, using a different software package. We amended (Act), for the Washington either through reductions in size that do currently use Microsoft Access 97 and plant Hackelia venusta (showy not undermine legibility, or through databases submitted should be in either stickseed). This plant species is a division of the oversized whole into this format or another ODBC-compatible narrow endemic restricted to one small multiple sequential pages. The standard format. All databases must be supported population of approximately 500 plants on less than 1 hectare (2.5 acres) of paper representations must be identified with adequate documentation on data unstable, granitic talus on the lower and placed immediately behind the attributes, SQL queries, programmed slopes of Tumwater Canyon, Chelan oversized documents they represent. reports, and so forth. (d) Color printing may not be used for County, Washington, entirely on Federal textual submissions. Use of color in (3) One copy of each diskette or land. Major threats to H. venusta filings is limited to images such as compact disc submitted to the Board include: Collection; physical graphs, maps and photographs. To should, if possible, be provided to any disturbance to the plants and habitat by facilitate automated processing of color other party requesting a copy. humans, competition and shading from pages, color pages may not be inserted (4) Each diskette and compact disc native trees and shrubs; encroachment among pages containing text, but may be must be clearly labeled with the Docket onto the site by nonnative noxious weed filed only as appendices or attachments Number of the proceeding in which it is species; wildfire; fire suppression and to filings. Also, the original of any filing filed; the name(s) of the party(ies) on associated activities; and low seedling establishment. Highway maintenance that includes color images must bear an whose behalf the filing is made, and activities, such as the spreading of sand obvious notation, on the cover sheet, ‘‘CONFIDENTIAL’’ or ‘‘REDACTED’’ as that the filing contains color. and salt, and the use of de-icers during appropriate. If more than one diskette or winter months, threaten the species. 3. Revise section 1104.3 to read as disc is submitted for one filing, the label Also, the application of herbicides may follows: of each must be sequentially numbered pose a threat. Reproductive vigor may § 1104.3 Copies. to indicate the diskette or disc number be depressed because of the plant’s and the total number of diskettes or small population size and limited gene (a) An executed original, plus 10 discs filed (e.g., the first disc of a 4-disc copies, of every pleading, document, or pool. A single natural or human-caused set should be labeled ‘‘Disc 1 of 4,’’ the paper permitted or required to be filed random environmental disturbance second disc ‘‘Disc 2 of 4,’’ and so forth). under this subchapter, including could destroy a significant percentage of correspondence, must be furnished for 4. In section 1104.15, remove the the population. the use of the Board, unless otherwise citation ‘‘21 U.S.C. 853a’’ and add, in its We determine that the designation of specifically directed by another Board place, the citation ‘‘21 U.S.C. 862’’ in critical habitat is not prudent for Hackelia venusta because it would regulation or notice in an individual the section heading and in the text. proceeding. Copies may be reproduced likely increase the threats from by any duplicating process, provided all [FR Doc. 02–2844 Filed 2–5–02; 8:45 am] collection and both direct and copies are clear and legible. Appropriate BILLING CODE 4915–00–M inadvertent habitat degradation and notes or other indications shall be used destruction. This rule implements the so that matters shown in color on the Federal protections provided by the Act original, but in black and white on the for this plant. copies, will be accurately identified on DATES: This final rule is effective March all copies. 8, 2002. (b) Electronic submissions must be ADDRESSES: The complete file for this furnished as follows: rule is available for public inspection, (1) Textual submissions of 20 or more by appointment, during normal business pages must be accompanied by three hours at the Western Washington Fish electronic copies submitted on compact and Wildlife Office, U.S. Fish and discs or 3.5-inch IBM-compatible Wildlife Service, 510 Desmond Drive, formatted floppy diskettes in Suite 102, Lacey, WA 98503.
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FOR FURTHER INFORMATION CONTACT: Ted loose, well-drained, granitic weathered Canyon population in relation to their Thomas, (see ADDRESSES section), and broken rock fragmented soils at an local seasons and climatic zones. The telephone 360/753–4327; facsimile 360/ elevation at about 486 meters (m) (1,600 Tumwater Canyon population flowers 753–9518. feet (ft)). The type specimen for H. in spring, while the Crystal Creek and SUPPLEMENTARY INFORMATION: venusta was collected at a site between Cashmere Mountain populations are Tumwater and Drury in Tumwater under several meters of snow and Background Canyon, west of Leavenworth, normally flower in July. Hackelia venusta (showy stickseed) is Washington. H. venusta is restricted to Isozyme analysis conducted by the a showy perennial herb of the Borage this single population in Tumwater Forest Service indicates a clear family (Boraginaceae). The plant was Canyon. The population is found in an separation between the Tumwater originally described by Charles Piper as area designated as the Tumwater Canyon and high-elevation populations Lappula venusta, based on a collection Botanical Area by the Wenatchee of Hackelia (Carol Aubry, Forest from Tumwater Canyon, Chelan County, National Forest. This designation was Service, pers. comm., 1998; Wilson et. Washington made by J. C. Otis in 1920. originally established in 1938 to protect al., in review). This analysis measures In 1929, Harold St. John reexamined the a former candidate plant, Lewisia the differences in plant proteins specimen and placed it in the related tweedyi (Tweedy’s lewisia), that has (usually an enzyme) and can be used to genus Hackelia upon recognizing that, been found to be more widespread than detect genetic differences among being a perennial plant, it more properly previously considered (F.V. Horton, populations. Dr. Robert Carr, Professor fit with Hackelia than Lappula, a genus U.S. Forest Service (Forest Service), in of Botany, Eastern Washington of annual plants (St. John 1929). litt. 1938; Forest Service 1971). The University, attempted specific and Hackelia venusta is a short, designation for the botanical area intraspecific crosses with 18 species of moderately stout species, 20 to 40 remains because of the presence of North American Hackelia over a 3-year centimeters (cm) (8 to 16 inches (in)) Hackelia venusta and Silene seelyi period but was unable to produce viable tall, often with numerous, erect to (Seely’s catch-fly), a species of concern seed from these crosses in the ascending stems from a slender taproot. due to its declining status. greenhouse. Dr. Carr indicated that he It has large, showy, five-lobed flowers had not attempted to cross the that are white and reach approximately Three other locations within 20 km Tumwater Canyon and Crystal Creek/ 1.9 to 2.2 cm (0.75 to 0.87 in) across. (12 mi) of the type locality were thought Cashmere Mountain populations, Basal leaves are 7 to 14 cm (2.8 to 5.5 to harbor Hackelia venusta. One primarily because of the difficulty of in) long and 0.64 to 1.3 cm (0.25 to 0.5 location near Crystal Creek Cirque was growing Hackelia from seed in the in) wide, while the upper stem leaves relocated in 1986 after not having been greenhouse, and the temporal are 2.5 to 5.1 cm (1 to 2 in) long and seen since 1947 (Gamon 1988a). A differences in the two populations’ 0.38 to 0.64 cm (0.15 to 0.25 in) wide second location near Asgard Pass was flowering. Dr. Carr, an expert on the (Barrett et al. 1985). The fruit consists of not discovered until 1987 (Gamon genus Hackelia, has confirmed on a prickly nutlet, approximately 0.38 to 1988a). The Asgard Pass population was 0.43 cm (0.15 to 0.17 in) long, and is apparently extirpated by a major numerous occasions that the Tumwater covered with stiff hairs that aid in landslide during 1994 or 1995 (Richy Canyon and high-elevation populations dispersal by wildlife. Harrod, Forest Service, pers. comm., are separate and should be considered Hackelia venusta is morphologically 1996). A third location was discovered two separate and distinct species (R. uniform and is distinct from other on Cashmere Mountain in August 1996 Carr, pers. comm., 1998, in litt. 2000). species of Hackelia occurring in central (R. Harrod, pers. comm., 1996). The The high-elevation species of Hackelia Washington. It can be distinguished Crystal Creek and Cashmere Mountain has been recently described and named from other species in the genus, in part, locations occur about 10 km (6 mi) apart as H. taylori (Harrod et al., in review). by its smaller stature, shorter leaf and are both within the Alpine Lakes Since the Crystal Creek and Cashmere length, fewer basal leaves, and the large Wilderness Area of the Wenatchee Mountain populations are distinct from size of the flowers. High-elevation National Forest. Elevations for these Hackelia venusta, they are not the Hackelia populations that have, in the populations range from 1,920 to 2,255 m subject of this final rule and will not be past, been assigned to Hackelia venusta (6,300 to 7,400 ft). Recent information further discussed. have distinct morphological features indicates these two high-elevation An occurrence of what was originally with the most obvious distinction being locations are a distinct taxon, different cataloged as Hackelia venusta was blue flowers. The Tumwater Canyon from the H. venusta found in the found in 1948 in Merritt, WA, in Chelan flowers are white and on rare occasion Tumwater Canyon population (Harrod County, but attempts to relocate the site washed with blue. Other distinct et al. 1999). The Tumwater Canyon have failed. Changes in land use do not morphological differences between the plants have a larger white corolla, a support growth of this species in this Tumwater Canyon and the high- taller habit, remote lower leaves, and in area anymore. The current element elevation Hackelia populations are limb general, the leaves are less stiff and occurrence records of the Washington width, plant height, and radical leaf leathery. The Crystal Creek and Natural Heritage Program designate this length (Harrod et al. 1999). Cashmere Mountain populations, in site as historic. Recent taxonomic work Hackelia venusta is shade-intolerant contrast, have small, blue flowers and on the genus Hackelia indicates that the (Robert Carr, Eastern Washington are more compact. The population at herbarium specimen for the Merritt site University, pers. comm., 1998) and Tumwater Canyon does not have fits more closely into the subspecies H. grows in openings within Pinus individuals that are intermediate in diffusa var. arida. This subspecies will ponderosa (ponderosa pine) and these characters. Also, the Tumwater often have large white flowers and Pseudotsuga menziesii (Douglas-fir) Canyon population is geographically could have been misleading to the early forest types. This vegetation type is and reproductively isolated from the plant collectors (Harrod et al., 1999; R. described as the Douglas-fir zone by Crystal Creek and Cashmere Mountain Harrod, in litt. 2000). This being the Franklin and Dyrness (1988). H. venusta populations. The Crystal Creek and case, the Tumwater Canyon population is found on open, steep slopes Cashmere Mountain populations are of Hackelia venusta may have always (minimum of 80 percent inclination) of temporally isolated from the Tumwater been the only location for the species.
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In Tumwater Canyon, Hackelia Additionally, the Forest Service has species for which information in our venusta occurs primarily on unstable been proactive in their treatment of the possession indicated that proposing to soils on steep rocky slopes and nonnative noxious weed problem list as endangered or threatened was outcrops, though scattered individuals within Tumwater Canyon. To reduce possibly appropriate, but for which formerly occurred along a State highway the nonnative plant threat to H. venusta, conclusive data on biological roadcut and within the road right-of- the Leavenworth Ranger District staff, vulnerability and threats were not way (ROW). The species is found Wenatchee National Forest, have both currently available to support a entirely on Federal land administered removed weeds by hand and carefully proposed rule. Pending completion of by the Wenatchee National Forest. H. applied herbicides to them in H. updated status surveys, the status was venusta appears to be somewhat venusta habitat. This project was changed to category 1 in the February adapted to natural and possibly human- implemented in 1999 and 2000, 21, 1990, Notice of Review (55 FR 6183). caused substrate disturbance (R. Carr emphasizing treatment to the habitat In the September 30, 1993, Notice of pers. comm., 1998). Although potential directly adjacent to the State highway Review (58 FR 51144), H. venusta habitat for this species is widespread in where invasive species tend to become remained a category 1 candidate. Tumwater Canyon, the plant is scattered established and then spread into the In the February 28, 1996, Notice of throughout an area of less than 1 hectare remainder of the population. (R. Harrod, Review (61 FR 7596), we discontinued (ha) (2.5 acres (ac)). pers comm., 2001). the use of multiple candidate categories In 1968, the taxon appeared ‘‘limited Lastly, during the winter of 2000, the and considered the former category 1 to a few hundred acres’’ (Gentry and Forest Service, in cooperation with the candidates as simply ‘‘candidates’’ for Carr 1976), and in 1981 the population WDOT and the Service, implemented a listing purposes. However, in that was estimated to have 800 to 1,000 restoration project within the habitat of Notice of Review, Hackelia venusta was plants. In 1984, and again in 1987, fewer Hackelia venusta. About 35 small trees removed from the candidate list due to than 400 individuals were found over and one very large standing dead tree questions regarding the species’ an area of approximately 5 ha (12 ac) were felled and removed from the site taxonomic status. An updated status (Gamon 1988a). Personal observations (L. Malmquist, in litt. 2001; R. Harrod, review, completed in June 1997, by Ted Thomas (Service) (in pers. comm., 2000), using a deep reflected the new taxonomic cooperation with Richy Harrod (Forest snowpack to avoid impacts to the soil information that determined only a Service) and Paul Wagner, Washington and protect the dormant H. venusta single population of H. venusta Department of Transportation (WDOT)), population. Each of these projects currently existed. In the October 29, using an intensive search and count reduced shade; increased light onto the 1999, Notice of Review (64 FR 57534), method on May 11, 1995, revealed fewer slope; reduced competition for light, H. venusta was included as a candidate than 150 individuals growing on less water, and nutrients with native and species with a listing priority of 2. than 1 ha (2.5 ac) of suitable habitat. nonnative trees, shrubs, and weeds; and We published a proposed rule to list According to Dr. Carr, the area occupied provided new germination substrates for the species as endangered on February by H. venusta is greatly reduced, and the establishment of H. venusta 14, 2000 (65 FR 7339). The final rule for the number of individual plants has seedlings. Hackelia venusta was delayed because seriously declined since he first visited of the need to focus our limited listing Previous Federal Action the Tumwater Canyon population in the resources on listing actions that were early 1970s (R. Carr, pers. comm., 1996). Section 12 of the Act (16 U.S.C. 1541) under court order or settlement Although earlier counts were conducted directed the Secretary of the agreement during fiscal year 2001 which by different workers using different Smithsonian Institution to prepare a did not include H. venusta. techniques, the population size shows a report on those plants considered to be In March 2000, the Forest Service clear downward trend. endangered, threatened, or extinct in the consulted with the Service on a During the late 1990s, and since the United States. This report, designated as restoration project to improve the publication of the proposed rule to list House Document No. 94–51, was habitat where Hackelia venusta is the species on February 14, 2000 (65 FR presented to Congress on January 9, found. In an informal conference report, 7339), the population of H. venusta has 1975. We published a notice in the July we concurred that the project ‘‘was not been monitored on an annual basis. In 1, 1975, Federal Register (40 FR 27823) likely to jeopardize the continued May 2000, nearly 300 plants were announcing our decision to treat the existence’’ of H. venusta. If the species counted, and in May 2001, the number Smithsonian report as a petition within was listed in the future, the Forest of plants in the population approached the context of section 4(c)(2) (petition Service concluded that the 500 plants (Lauri Malmquist, Forest provisions are now found in section determination of effects for the project Service, in litt. 2000, pers comm., 2001). 4(b)(3)) of the Act and our intention to ‘‘may affect, not likely to adversely The increase in the population size can review the status of those plants. affect’’ the species (Service 2000). be attributed to several events that have Hackelia venusta was included in this On October 2, 2001, a consent decree occurred in the past 7 years within the petition as an endangered species. was entered to settle listing litigation habitat for the species. Wildfires burned On December 15, 1980, we published with the Center for Biological Diversity, through Tumwater Canyon in 1994, a Notice of Review for plants (45 FR Southern Appalachian Biodiversity resulting in both positive and negative 82480) that included Hackelia venusta Project, Foundation for Global effects on H. venusta habitat. The as a category 1 candidate species. Sustainability, and the California Native primary positive outcome was that the Category 1 candidates were those Plant Society which requires us to forest canopy was reduced, creating less species for which we had on file complete work on a number of species shade and competition, and more open substantial information on biological proposed for listing. Under this growing space that created new, suitable vulnerability and threats to support settlement, we will issue several final sites for the natural regeneration and preparation of listing proposals. The listing decisions, including a final establishment of H. venusta seedlings. plant notice revision of September 27, decision for Hackelia venusta. The The negative impact is the increased 1985 (50 FR 39525), included H. consent decree requires us to send a potential of landslides when wildfire venusta as a category 2 candidate. final listing determination for this removes overstory vegetation. Category 2 candidates were those species to the Federal Register by
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February 6, 2002 (Center for Biological habitat would increase collection enticing plant, and its absence and the Diversity, et al. v. Norton, Civ. No. 01– pressure on the population. hole left from it being removed was 2063 (JR) (D.D.C.)). On November 7, Our Response: Under the critical easily noticed. Another commenter 2001, we reopened the comment period habitat section in the proposed rule, we stated that ‘‘rare plants bring a lot of for an additional 30 days to stated that it was prudent to designate money’’ to collectors and designation of accommodate the public notice critical habitat for Hackelia venusta critical habitat would further advertise requirement of the Act (66 FR 56265). because it did not appear that collection the species’ presence, beyond listing of of the species was a threat to its the species, so that it may be Summary of Comments and existence. However, information increasingly pursued (D. Werntz, in litt. Recommendations provided in the ‘‘Summary of Factors 2000). In the February 14, 2000, proposed Affecting the Species’’ section (Factor B) The District Ranger for the rule (65 FR 7339), we requested all of the proposed rule indicated Leavenworth Ranger District interested parties to submit factual otherwise. This section presented commented that a critical habitat reports, information, and comments that evidence of collection as a threat to the designation is not desirable, and it is might contribute to the development of species. This information is consistent against Forest Service policy (Forest the final listing decision. We contacted with the public comments expressing Service Manual 2671.2) to make public appropriate State agencies, county and opposition to the designation of critical the location of proposed, endangered, city governments, Federal agencies, habitat for H. venusta. Only one threatened, or sensitive species. This university scientists, consulting commenter supported the designation of policy is consistent with the Thomas organizations, conservation critical habitat, although this letter Bill (Pub. L. 105–391, section 207, 16 organizations and other interested offered no substantive reason for this U.S.C. 5937), which was enacted to give parties and requested them to comment. support. We are supported in our the National Park Service the authority Following the publication of the determination of a not prudent finding to withhold from the public any specific proposed rule, we received 20 written for the designation of critical habitat by locality data for endangered, threatened, comments during the 60-day comment a consensus of scientists, land managers and rare species or commercially period. Comments were received from a (Federal, State, and county), valuable resources within a park. The variety of sources, including three professional botanists, local wildflower Forest Service believes that divulging Federal agencies, three Washington enthusiasts, non-governmental locations or producing maps of Hackelia State agencies, three non-governmental organizations, and environmental and venusta habitat would greatly organizations, four botanical and botanical consultants. Each of these compromise their ability to protect the environmental consultants, one commenters expressed concern that the species on Forest Service lands where it university, and six individuals. We publicity associated with designating occurs. Additionally, he commented reopened the comment period on critical habitat for H. venusta would that publicizing the location of critical November 7, 2001 (66 FR 56265) for 30 increase the threat of collection of the habitat for this species was contrary to days and requested any new species, which exists in only one the ongoing coordination and information from the public on the location. Cooperative Agreement between species since publication of the Twenty commenters noted that they Washington State’s Natural Heritage proposed rule. We published a legal have witnessed, or were aware of Program, the Forest Service, and the notice in the Wenatchee World collection of the species; many of these Service, which includes a mutual newspaper on November 13, 2001. We commenters admitted they have agreement to not make public the received an additional 12 comments personally collected the species for location of proposed, endangered, during the second comment period, herbarium or voucher specimens. One threatened, or sensitive species. although three of these commenters had commenter presented information about It is not possible to designate critical provided comments during the first a field botany class that had extensively habitat without increasing the public’s comment period. Therefore, we received collected the species on a taxonomy attention to the species’ location, and comments from a total of 29 outing (Florence Caplow, Calypso increased collection pressure will respondents. Consulting, in litt. 2000). The rarity of adversely affect the species and degrade All 29 commenters supported the the species was not known to the class its habitat. A single, heavily used listing of Hackelia venusta as or the instructor until they had returned highway allows access to the species’ endangered. Several commenters to the laboratory to key and identify the single location. While the species is in provided new information on the plant. During the summer of 2000, while bloom, the plant population is easily current status of the species, and Forest Service personnel were counting visible. We have designated critical information on new threats to this single the number of plants in the population habitat for other attractive plants that population of the H. venusta, which we and monitoring the habitat, they were much less accessible to collectors, have incorporated into this final rule. witnessed collection of a large such as Hudsonia montana (mountain We have addressed each of the individual specimen of Hackelia golden heather). Hudsonia montana was substantive issues raised by commenters venusta and reported the action to our collected extensively and dwindled to by grouping the comments into four office the following day (L. Malmquist, only two plants soon after critical issues that are discussed below. pers. comm., 2000; J. Brickey, in litt. habitat was designated (Nora Murdock, Issue 1: The overwhelming comment 2001; Terry Lillybridge, Forest Service, Service, pers. comm., 2000). The received from 28 of the 29 commenters in litt. 2001; and R. Harrod, pers. situation for Hackelia venusta is was that designation of critical habitat comm., 2000). Forest Service personnel comparable to the Hudsonia montana for Hackelia venusta is not prudent. The suspect the collector had purposely example, although the site location for principal concern is the increased risk targeted a specific individual plant from H. venusta is more accessible to of collection of the species that would the population because it was full, potential collectors than the more occur from the publication of maps. vigorous, and attractive (L. Malmquist, remotely located Hudsonia montana. Only one commenter supported critical pers. comm., 2000). The specific plant We believe that because of the highly habitat designation, although he had caught the attention of the Forest accessible location of this species, a admitted that designation of critical Service botanists as a particularly designation of critical habitat would
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increase collection and thereby increase the very loose sandy hill on which they Species in Tumwater Canyon’’ (WDOT the risk of extinction to this species. occur to photograph the plants will 2000). Collection of Hackelia venusta has seriously erode and further damage their WDOT constructed a small asphalt been documented for more than 35 fragile habitat’’ (E. Guerrant, in litt. roadside turnout directly below and on years (R. Carr, in litt. 2000). The species 2000). Dr. Sheryl McDevitt, a local the same side of the highway as the has been collected for scientific wildflower enthusiast, stated that the Hackelia venusta population during the purposes, by random visitors who were ‘‘designation of critical habitat might be spring of 2000. This turnout was likely unaware of the rarity of the the most deleterious thing we could do. constructed to provide a safe place for species, and perhaps by plant collectors Aside from the possibility of rare plant highway crews to park their vehicles in who have purposely visited the site to collectors trudging up to grab their the narrow canyon when conducting collect the species. Those who have prize, a few amateur wildflower road maintenance. However, because collected the species in the past for enthusiasts scrambling up the hill could this turnout gave people greater access scientific purposes have observed the do immeasurable damage to the existing to the H. venusta population, the Forest plant population decline to a low of 150 plants and their habitat’’ (Sheryl Service coordinated with WDOT to plants, and the spatial distribution of McDevitt, in litt. 2000). Other remove the turnout in order to protect the suitable habitat has dwindled to less commenters having experience with H. the plant species and its habitat (L. than 1 ha (2.5 ac) (T. Thomas, pers. obs., venusta habitat were concerned that any Malmquist, in litt. 2001). By removing 1995, with R. Harrod and P. Wagner). activity occurring on the species’ habitat the turnout, it also removed some of the These scientists are now aware of the would adversely impact the fragile, danger to pedestrians who would stop extreme rarity and status of the species highly erodible, steep slope where the to photograph the scenery or collect the and seek its protection, without the plants are found (Jane Wentworth, plant. designation of critical habitat (R. Carr, WDNR, in litt. 2001; T. Lillybridge, in Issue 4: Many commenters mentioned in litt. 2000; K. Robsen, in litt. 2001; R. litt. 2001; L. Malmquist, in litt. 2001). that because the species is found Crawford, in litt. 2001; T. Lillybridge, in Our Response: We agree with the entirely on Federal land in an area under special management designation litt. 2001; William Null, in litt. 2001; E. commenters that the site is fragile and as the Tumwater Botanical Area, where Guerrant, in litt. 2001; Sarah Reichard, easily eroded. Just walking on the slope the conservation and protection of University of Washington, in litt. 2001). where the plants are found dislodges Hackelia venusta and other rare plants The conservation Chair of the small rocks and boulders that can is the primary management goal, it Washington Native Plant Society dislodge plants, crush or bury them by would be a redundant effort to designate (WNPS), on behalf of its 1,800 members, movement of the substrate. Any critical habitat for the species. stated that ‘‘the only real protection for increased visitation would likely lead to Consensus among these commenters rare plants is safeguarding of the increased disturbance of the habitat and specific location data and maps’ (Debra was that the greatest benefit afforded to trampling of the plants. Therefore, we Salstrom, WNPS Conservation Chair, in this species would be to determine that have determined that designating litt. 2001). In summary, the issue of the designation of critical habitat is not critical habitat for Hackelia venusta is long-term plant collection, and the high prudent. Several of these commenters not prudent. probability of continued and increased felt that the most effective use of funds plant collection in the future support Issue 3: Four commenters expressed would be for us to continue to cooperate our determination to not designate concern for public safety along the with the Forest Service, WDOT, and critical habitat or publish associated highway, which is highly constrained in WDNR on research and habitat maps for H. venusta. this narrow and dangerous stretch of restoration actions that would benefit We believe anything that increases the Tumwater Canyon (C. Antieau, in litt. the species and its habitat (R. Crawford, risk of losing individuals in this single 2000). Their major concern was that in litt. 2001; F. Caplow, in litt. 2001). population, such as publicizing its designating critical habitat would Our Response: We have determined location, further imperils the species’ increase public interest in the species, that designation of critical habitat for survival and recovery. Based on the thereby promoting increased pedestrian Hackelia venusta is not prudent (see information provided in the comments, traffic to visit the site, causing safety responses to Issue 1 and 2). the recent, continued evidence of issues for pedestrians and motorists, in Consideration of whether ongoing collection of the species, and the highly addition to the increased threat of special management is sufficient to accessible and visible location of this collection. WDOT also strongly opposes exempt a critical habitat designation is showy plant, we have reconsidered our designation of critical habitat for not necessary unless we determine that earlier decision that designation of Hackelia venusta, especially because of critical habitat is prudent. We do, critical habitat was prudent. We have their concern that as more people walk however, encourage the cooperative determined that the designation of on the steep, unstable slope, it will endeavors of State and Federal agencies critical habitat is not prudent for increase the probability that rocks and in their management of H. venusta and Hackelia venusta. It would increase the other debris will be dislodged and fall its habitat. threat of collection of the species and down the slope onto the highway, the associated degradation of its habitat. endangering auto traffic and their Peer Review Issue 2: Nine commenters were occupants or pedestrians on the In accordance with our policy concerned that any increased visitation roadway (F. Caplow, in litt. 2001). published on July 1, 1994 (59 FR to the site resulting from designating Our Response: Public safety is not a 34270), we have sought the expert critical habitat and publishing maps of factor in the evaluation of whether or opinions of at least three appropriate the plant’s location would increase not designation of critical habitat is and independent specialists regarding erosion of the habitat and the potential prudent. However, we are concerned our proposal to list Hackelia venusta. for trampling Hackelia venusta. Dr. Ed about public safety, and recognize the The purpose of these reviews is to Guerrant summarized this concern well issues associated with this narrow ensure that listing decisions are based by stating ‘‘Even if the enthusiasts don’t stretch of highway. We have cooperated on scientifically sound data, take whole plants (a common form of with WDOT on developing their assumptions, and analyses. We sent collection) or seeds, simply climbing up ‘‘Management Plan for Rare Plant these peer reviewers copies of the
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proposed rule immediately following its from native trees and shrubs and more people visit the habitat to publication in the Federal Register. All noxious weeds. photograph or collect the plant (Pam the peer reviewers who responded Two nonnative, Washington State- Camp, in litt. 2000; Susan Ballinger, in agreed with listing, supported our listed noxious weeds (Ch. 16, WAC and litt. 2000; Joan Frazee, Washington determination that collection pressure is Ch. 17.10 RWC 1997) occur within the Native Plant Society, in litt. 2000; F. a serious threat, and opposed habitat of Hackelia venusta in Caplow, in litt. 2000; K. Robson, in litt. designation of critical habitat. We have Tumwater Canyon. Linaria dalmatica 2001). The potential for slumping (deep- incorporated their comments into this (dalmatian toadflax) and Centaurea seated mass movement) has increased final determination (many are in the diffusa (diffuse knapweed) are present since 1994, when wildfires burned ‘‘Summary of Comments’’ section). along the roadside, and have increased through the forest in Tumwater Canyon in their numbers and distribution where H. venusta is located. The reason Summary of Factors Affecting the during the 1990s, and have encroached for a higher potential for landslides is Species into the population of H. venusta (J. that water uptake by trees and other Section 4 of the Act and regulations Wentworth, in litt., 2001). During visits vegetation that were killed by the 1994 (50 CFR Part 424) promulgated to to the H. venusta population in 1995, fire is reduced plus there is no implement the listing provisions of the 1996, 1997, and 1998, the Service (T. transpiration from the vegetation, Act set forth the procedures for adding Thomas, pers. obs.) noted that the cover therefore there is more soil water. This species to the Federal lists. We may and distribution of the noxious weeds is a case where the response to fire may determine a species to be endangered or had increased over this 1995–1998 time have negative consequences. Another threatened due to one or more of the period. Without intervention, these contributing factor is that when tree five factors described in section 4(a)(1). species have the ability to completely roots decompose, their ability to bind These factors and their application to outcompete H. venusta and replace soil particles and water is decreased. Hackelia venusta (showy stickseed) are native vegetation, and eventually When this happens, the potential for as follows: dominate the site (J. Wentworth, in litt. landslides increases. A large landslide A. The Present or Threatened 2001). in the location of the Tumwater Canyon Highway maintenance activities are Destruction, Modification, or population of H. venusta would severely an ongoing threat. The highway is Curtailment of its Habitat or Range degrade the habitat and reduce the plant sanded during winter months, and population. The range of Hackelia venusta has occasionally a mixture of sand and salt Although there are no data regarding been reduced to a scattered distribution is applied, affecting the immediate the effects of automobile emissions on occupying less than 1 ha (2.5 ac) in roadside habitat where Hackelia this species, such emissions should be Tumwater Canyon, entirely on Federal venusta is found. Highway maintenance considered a potential threat, given the lands of the Wenatchee National Forest. activities involving the clearing of proximity of the road to the population. This restricted population consisted of landslide material from the highway The highway is heavily used, with 3,900 approximately 500 plants in 2001 (L. ROW resulted in the destruction of to 5,200 automobiles traveling daily Malmquist, pers. comm., 2001) and approximately 50 H. venusta through Tumwater Canyon, which is constitutes the sole population of individuals several years ago (R. Harrod, very narrow (WDOT 1996). According to Hackelia venusta. pers. comm., 1997, 2001). Although the population projections, 100,000 people The primary loss of habitat for roadsides have not been sprayed with will move into the State of Washington Hackelia venusta has resulted from herbicides in recent years by WDOT, each year (Washington Office of changes in habitat due to plant spraying did occur for a considerable Financial Management 1995). Trends for succession in the absence of fire. Fire period of time prior to 1980. The Chelan County indicate an increase suppression has been a factor in residual effect of herbicide spraying on from the current human population of reducing the extent of the Tumwater H. venusta is unknown. Some 52,250 (1995) to more than 86,000 Canyon population (Gamon 1988a; herbicides are known to be resident in people in the year 2020, a 39 percent Gamon 1988b; D. Werntz, in litt. 2000). the soil for long periods of time, increase (Washington Office of Wildfires play a role in maintaining affecting the plants that persist there. In Financial Management 1995). A larger open, sparsely vegetated sites as suitable 1999 and 2000, the application of human population will increase the habitat for H. venusta, a requirement of herbicides by Forest Service personnel demands for recreational activities and this shade-intolerant plant (R. Carr, was used as a method for reducing the bring more people to central pers. comm., 1998, in litt. 2000). The amount and distribution of nonnative, Washington. Automobile emissions are species prefers habitat that has been noxious weeds. Although they were likely to increase along this heavily burned, has little competing vegetation used with great caution by Forest traveled corridor. These emissions, (D. Werntz, in litt. 2000), and likely has Service staff with knowledge of H. containing ozone and sulphur and soil low in organic matter (R. Carr, pers. venusta’s presence, the threat from nitrate oxides, negatively affect comm., 1998). The species has herbicide drift and residue remains. photosynthesis of coniferous and expanded its distribution into canopy Small surface erosion events and large herbaceous plants (Forest Service 1979). openings created by a wildfire in 1994, landslides of the unstable slope where where it was not previously found (T. the Hackelia venusta population is B. Overutilization for Commercial, Thomas, pers. obs. 1998; P. Wagner, in located are also a threat to the species. Scientific, or Educational Purposes litt. 2000). These plants are all found in The steepness of the slope exceeds 100 The remaining known population is at close proximity to the original percent (45 degree) inclination in many risk of extirpation due to a variety of population and are probably offspring of places, and the slope’s instability threats. The greatest threat to Hackelia the existing population. Seeds were constitutes a significant threat as a venusta is the long history of collection likely carried to the open substrate by major landslide could bury the entire pressure (R. Carr, in litt. 2000; Rex wind or gravity, and germination was population (Gamon 1997). The threat of Crawford, Washington Department of aided by the increase in light and soil being dislodged and the burying, Natural Resources (WDNR), in litt. 2001; moisture within these canopy gaps trampling, or dislodging of plants below L. Malmquist, in litt. 2000; Jennifer where there is reduced competition these soil releases has been witnessed as Brickey, University of Washington
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graduate student, in litt. 2001; Kali comments we received about collection reduction treatments (Forest Service and Robson, Cowlitz County Soil and Water of the plant, indicate that the species, Bureau of Land Management 1994). Conservation District, in litt. 2001; Ed when in bloom, is eye-catching and WDOT developed a management Guerrant, Berry Botanic Garden, in litt. sufficiently attractive to cause someone plan, ‘‘Final Management Plan for Rare 2001) and associated physical to stop and remove the plant, Plant Species in Tumwater Canyon, disturbance to the habitat and the presumably for personal use. Not only Wenatchee National Forest with individual plants from people trampling does the removal of plants cause a loss associated Best Management Practices’’ the slope to monitor the population and of reproductive potential, but trampling (BMPs) (WDOT 2000). This plan photograph the plants (Clayton Antieau, the site to access the plants could have provides guidance and BMPs for road WDOT, in litt. 2000). Regional and local a devastating effect on the remaining crews conducting maintenance botanical professionals and wildflower plants. activities that are undertaken along the enthusiasts who are interested in stretch of the highway in Tumwater C. Disease or Predation observing the plant in its natural habitat Canyon that Hackelia venusta occupies visit the site, as well as curious Disease is not currently known to be (WDOT 2000). Funding for maintenance individuals who have requested a threat to this species. No livestock or activities is covered through base directions and information about the wildlife are known to graze on Hackelia allocations to keep the highway cleared plant in response to numerous venusta. of snow, debris, and overhanging references about the rarity of the D. Inadequacy of Existing Regulatory vegetation, the guidelines outlined in species, either in the local newspaper or Mechanisms the plan are implemented during the broadcasts on the local radio station (L. course of routine maintenance Malmquist, in litt. 2001). The radio Although the known population of operations. The management practices broadcast, which featured local rare Hackelia venusta is located in an area outlined in the plan enable WDOT plants, gave a lot of notoriety to H. designated as a special management crews to accomplish maintenance goals venusta, and the local Forest Service area, the species remains vulnerable to without harming the plant or its habitat. district office experienced an increase in threats. The Tumwater Canyon The plan was developed in coordination the number of people coming in to ask Botanical Area was designated by the with the Forest Service, WDNR, and the where they could find the species (L. Wenatchee National Forest in 1938 Service. Funding for implementation of Malmquist, pers. comm., 2001). because of the occurrence of Lewisia this plan cannot be assured on an Wildflower collecting poses a serious tweedyi. Lewisia tweedyi has since been annual basis. threat, and future collecting could found to be more widespread than The Washington Natural Heritage increase, especially if the Hackelia previously known and is no longer a Program, in coordination with the venusta site becomes known to the species of concern for the area. The Wenatchee National Forest, also general public by the publication of Wenatchee National Forest has developed management guidelines for maps or from media exposure (L. maintained the Botanical Area Hackelia venusta in 1988 (Gamon Malmquist, in litt. 2001). H. venusta has designation and has implemented 1988b). The plan contained been collected by scientists, amateur special management specifically recommendations that specific actions wildflower enthusiasts, and random targeted to conserve rare species, such be taken to protect the plant on National visitors to the population for more than as H. venusta and Silene seelyi. Both Forest land. These guidelines included 30 years (R. Carr, in litt. 2000; R. Harrod, species are listed on the Forest Service the recommendation that the Wenatchee in litt. 2000; F. Caplow, in litt. 2000; L. Regional Forester’s Sensitive Species National Forest develop a species Malmquist, in litt. 2001; R. Crawford, in List, which requires the Forest Service management guide to provide litt. 2001). The Tumwater Canyon to maintain or enhance the viability of management direction for the habitat of population is easily accessible to the these species by considering the species this species. The Wenatchee National public because it is located near a in their project biological evaluations, Forest developed a draft management heavily used highway with a turnout and to mitigate actions that may guide several years ago, but has not yet directly across the road. Amateur and adversely affect the species. The Forest finalized it (T. Lillybridge, pers. comm., professional botanists know of the Service also prohibits the collection of 1997). location of the H. venusta population, native plants without a permit, although The WDNR designated Hackelia and their collecting activities likely this regulation has been difficult to venusta as endangered in 1981 have reduced the number of plants in enforce (R. Harrod, pers. comm., 1998). (Washington Natural Heritage Program the population and have degraded the Silene seelyi grows in rock outcrop 1981), and the species designation has habitat (Gamon 1997; R. Carr, in litt. crevices near where H. venusta is been retained in subsequent updates of 2000; Glenn Hoffman, Forest Service, in located, but it does not occupy the talus the State’s endangered species list. litt. 2000; R. Harrod, in litt. 2000; R. habitat where H. venusta is found. However, this listing does not provide Crawford, in litt. 2000, 2001, F. Caplow, Management activities in the any regulatory protection for the plant. in litt. 2001). Botanical Area have emphasized In May 1998, representatives from the botanical values (T. Lillybridge, pers. E. Other Natural or Manmade Factors Service, the Forest Service, and Eastern comm., 1998). In 2000, the Forest Affecting Its Continued Existence Washington University witnessed a Service developed a habitat restoration Low seed production, as well as low person collecting the plant as they plan in which they conducted an genetic variation, are factors in the inspected the Hackelia venusta site (T. environmental analysis, conferenced decline of Hackelia venusta. At the Thomas, pers. obs., 1998; Jon Gilstrom, with us, and implemented restoration Tumwater Canyon site, an estimated in litt. 2000; R. Harrod, in litt. 2000). activities to improve and restore high proportion (60 to 70 percent) of H. The species was also witnessed being Hackelia venusta and Silene seelyi venusta seeds did not develop in 1984 collected while Forest Service personnel habitat. The Botanical Area is also (Barrett et al. 1985). Fruit development monitored the plant population in the managed as a designated Late- was poor on many plants; only a few spring of 2000 (L. Malmquist, pers. Successional Reserve (LSR) under the individuals exhibited mature fruit comm., 2000, in litt. 2001). Both Northwest Forest Plan, which permits development. It is unknown why this incidents, and the large number of some silvicultural and fire hazard occurred, but low genetic variation may
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have contributed to poor reproduction respiration of associated species, and crystals, which causes the plant to wilt success (R. Carr, in litt. 2000; D. Werntz, production of compounds that can and die (J. Brickey, pers. comm., 2002). in litt. 2000). This reduced reproductive directly affect seed germination and Herbicides have also been applied in potential may be a major factor in the seedling growth and development. the past by WDOT, which sprayed the reduction of plants at the type locality. These noxious weeds co-occur with H. roadside vegetation. Overspray and The age structure of the extant venusta at the Tumwater Canyon site splatter of herbicides may have population at Tumwater Canyon, poor and have become more widespread on contributed to the reduced number of seed production and germination of new the available habitat (J. Wentworth, in Hackelia venusta plants in the seedlings, and historical estimates of litt. 2001). population. WDOT has discontinued the population size indicate that the The species’ habitat is threatened by use of herbicides in Tumwater Canyon population is declining (Barrett et al. plant succession in the absence of fire (L. Beaty, pers. comm., 1995). 1985; Gamon 1997), although recent (D. Werntz, Northwest Ecosystem In the narrow confines of Tumwater Forest Service monitoring of the Alliance, in litt. 2000) and by Canyon, automobile emissions may population has shown that the competition with nonnative plants (R. continue to be a cause for reduced vigor population has increased during the Harrod, pers. comm., 1996, 2001; Ted to the Hackelia venusta population period from 1995 to 2001 (L. Malmquist, Thomas, Service, pers. obs., 1995 because ozone and oxides of sulphur pers. comm., 2000; in litt. 2001; P. through 1998), as well as from native and nitrate emitted from vehicle Wagner, in litt. 2000). The increase in trees and shrubs that have become tailpipes negatively affect population size can likely be attributed established on the site. Other threats photosynthesis of plants (Forest Service to the improved habitat conditions include the mass-wasting or erosion of 1979). In addition, several individual brought on by restoration activities and soil that occurs on these unstable slopes plants occur on level ground near the roadside turnoff and are threatened with the effects of a wildfire that burned and from highway maintenance trampling and collecting. through Tumwater Canyon in 1994 (see activities. These erosion events (either our response for Issue 4 in the The small number of individuals small-scale surface erosion or large (about 500 plants) remaining in the sole (‘‘Summary of Comments and landslides) are not predictable in Recommendations’’)). population located in Tumwater Canyon timing, frequency, or magnitude. makes Hackelia venusta vulnerable to The small size of the Hackelia However, large landslides have occurred venusta population is a major problem. extinction due to random events such as within Tumwater Canyon in close slope failure (mass-wasting or surface Seedling establishment is most critical, proximity to the Hackelia venusta and trampling may significantly affect erosion) or drought. A single random population. The last time a large the germination of seedlings (R. Carr, environmental event could extirpate a landslide occurred, which was in 1992, pers. comm., 1998, in litt. 2000; K. substantial portion or all of the the road was closed for emergency Robson, in litt. 2001). Human activities remaining individuals of this species repairs by WDOT. The repairs undercut along the roadside turnout at the and cause its extinction. Also, changes the slope and up to 50 Hackelia venusta Tumwater Canyon site represent a in gene frequencies within small, plants were destroyed and removed significant threat to plants nearest the isolated populations can lead to a loss from the habitat of Tumwater Canyon turnout. Motorists use the area to view of genetic variability and a reduced (R. Harrod, pers. comm., 2001). the Wenatchee River, often venturing likelihood of long-term viability over the guardrail and along the bank The species previously occurred in (Franklin 1980; Soule´ 1980; Lande and below the road. Plants on this bank are the road ROW which, although Barrowclough 1987; R. Carr, in litt. damaged by trampling, burial by loose maintained by WDOT, is Federal land. 2000). rock, and root exposure as a result of In the past, road salting and herbicide We have carefully assessed the best human traffic on the unstable slopes spraying were probable factors in scientific and commercial information (Gamon 1997). reducing the vigor and number of available concerning the past, present, Fire suppression during this century Hackelia venusta in the ROW. and future threats faced by Hackelia is likely a factor in the reduced spatial Currently, WDOT maintenance crews venusta in developing this final rule. distribution of the Tumwater Canyon rarely apply road salt and, when they Currently, only one known population population. Historically, fuels in the do, they apply it in a diluted, 20:1 ratio of H. venusta exists. The plant is forest type where Hackelia venusta is with road sand (Luther Beaty, WDOT, threatened by a long history of plant found were rarely at high levels because pers. comm., 1995). Since 1998, collection and the physical degradation of the frequent fires that consumed however, WDOT has been using de-icers of the habitat associated with people forest floor fuels and pruned residual on the roadway during winter months. walking on the steep, easily eroded trees (Agee 1991). In the past, fires The disappearance of H. venusta along substrate where the species is found. suppressed the encroachment of woody the roadcut and ROW corresponds to Habitat modification associated with vegetation and maintained open areas the WDOT’s use of de-icers starting in fire suppression, competition and shade more conducive to H. venusta 1998. We believe that the de-icers may from native shrubs and trees and reproduction and growth. Continued be associated with the decline of nonnative noxious weeds, maintenance suppression of fires in this forest type individual plants in the ROW and we of the highway located near the could bring about additional losses to now consider it a threat to the species. population, poor seed development, low suitable habitat (Barrett et al. 1985; The de-icer used by WDOT is called reproductive capacity, and incidental Gamon 1997; D. Werntz, in litt. 2000). CalBan, a formulation of calcium loss from human trampling, threaten the Competition from Linaria dalmatica chloride, which is a salt. Residue from continued existence of this species. (dalmatian toadflax) and Centaurea the salts build up in the soil and are Also, the single, small population of this diffusa (diffuse knapweed) is a threat to retained on soil particles. When plants species is particularly susceptible to Hackelia venusta (J. Wentworth, in litt. emerge in the spring, the concentration extinction from random environmental 2001). Both of these noxious weeds of salt is greater in the soil than found events such as rock slides. This species outcompete many native plant species in the plant, so any moisture that is in is in danger of extinction ‘‘throughout through uptake of water and nutrients, the plant or soil surrounding the plant all or a significant portion of its range’’ interference with photosynthesis and is drawn to the calcium chloride (section 3(6) of the Act) and, therefore,
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meets the Act’s definition of Increased visits to the population attributable to collection, apparently endangered. location, stimulated by critical habitat stimulated by the publication of specific designation and related maps and critical habitat maps. In the case of Critical Habitat publicity, even without deliberate Hackelia venusta, a local radio station Critical habitat is defined in section 3 collecting, could adversely affect the interviewed a professor from the of the Act as-(i) the specific areas within species due to the associated increase in University of Washington, Center for the geographical area occupied by a trampling of its fragile habitat. We Urban Horticulture, which was fire species, at the time it is listed in believe that the designation of critical bombed in spring, 2001. Apparently the accordance with the Act, on which are habitat, and the required public professor repeated several times in the found those physical or biological dissemination of maps and descriptions interview that propagated H. venusta features (I) essential to the conservation of the population site, would plants were lost in the fire bombing. of the species, and (II) that may require significantly increase the degree of After this announcement, the local special management considerations or threat to this species. Publicity could Forest Service Ranger District received protection; and (ii) specific areas generate an increased demand and requests to know the location of the outside the geographic area occupied by intensify collecting pressure or facilitate plant (L. Malmquist, pers. comm., 2001). the species at the time it is listed in opportunities for vandalism. This Also, a Tacoma newsreporter made accordance with the provisions of species has already been subjected to several inquiries to our Western section 4 of the Act, upon a excessive collecting by collectors. Washington Fish and Wildlife Office determination that such areas are Increased publicity and a provision of about visiting the plant population essential for the conservation of the specific location information associated during the spring of 2001. We declined species. ‘‘Conservation’’ means the use with critical habitat designation could the request with the concern that of all methods and procedures necessary result in increased collection from the additional news coverage would be to bring an endangered or threatened population. Although the taking and detrimental to the species or its habitat. species to the point at which listing reduction to possession of endangered It is our finding that the designation under the Act is no longer necessary. plants from land under Federal of critical habitat would increase threats Section 4(a)(3) of the Act, as jurisdiction is prohibited by the Act, the to Hackelia venusta, and that a critical amended, and implementing regulations taking prohibitions are difficult to habitat designation would exacerbate (50 CFR 424.12) require that, to the enforce. We believe the publication of these threats and possibly lead to maximum extent prudent and critical habitat descriptions would make extinction of the species; therefore a not determinable, we designate critical H. venusta more vulnerable to collectors prudent finding is warranted. habitat at the time the species is and curiosity-seekers and would Because of the precarious status of the determined to be endangered or species, the small size of the only increase enforcement problems for the threatened. Our regulations (50 CFR surviving population, the restricted Forest Service, and we have 424.12(a)(1)) state that the designation range of the species, and the limited documented evidence that collecting of critical habitat is not prudent when amount of suitable habitat available to and other human disturbance have one or both of the following situations the species, a Federal action subject to already detrimentally affected this exist—(1) the species is threatened by consultation under section 7 of the Act species. taking or other human activity, and that triggers the standard for destruction identification of critical habitat can be Our concerns of increased human or adverse modification of critical expected to increase the degree of threat threats to the species from the habitat for H. venusta would very likely to the species, or (2) such designation of publication of maps of the population also jeopardize the species’ continued critical habitat would not be beneficial site are based on specific experience. existence. Therefore, it is doubtful that to the species. We find that designation Another federally listed mountain plant additional protection would be of critical habitat is not prudent for (Hudsonia montana) for which critical provided to this species through the Hackelia venusta. habitat was designated was severely designation of critical habitat that We are mindful that several court impacted by collectors immediately would not already be provided through decisions have overturned after the maps were published. This the jeopardy standard. We recognize determinations for a variety of species collection happened even though this that critical habitat designation in some that designation of critical habitat plant was not previously known to be situations may provide additional value would not be prudent (e.g., Natural desired by rare plant collectors and had to a species, for example, by identifying Resources Defense Council v. U.S. never been offered for sale in areas important for conservation. Department of the Interior 113 F. 3d commercial trade. Some of the However, for H. venusta, we have 1121 (9th Cir. 1997); Conservation collectors appeared in the local Forest weighed the potential benefits of Council for Hawaii v. Babbitt, 2 F. Supp. Service district offices, with the critical designating critical habitat against the 2d 1280 (D. Hawaii 1998)). However, habitat map from the local newspaper in significant risks of doing so and find based on the standards provided in their hands, asking directions to the site that the minor benefits of designating those judicial decisions, a not prudent (Nora Murdock, Service, pers. comm., critical habitat do not outweigh the critical habitat finding for Hackelia 2000). Such incidents are extremely potential increased threats from venusta is warranted. difficult to document. The only reason collection and inadvertent habitat Hackelia venusta consists of only one we were able to do so in this case was degradation caused by curiosity-seekers. population made up of approximately because, for this very rare and restricted Therefore, we have determined that the 500 individual plants and cannot plant, every individual was mapped. designation of critical habitat for H. recolonize habitat quickly. Because this When plants vanished from our venusta is not prudent. species occupies such a limited area, permanent plots, we were able to find even a single person walking on the the carefully covered excavations where Available Conservation Measures talus habitat where it occurs could they had been removed. Otherwise, we Conservation measures provided to cause significant damage to the species would have only observed a precipitous species listed as endangered or and its habitat that could lead to the crash in the populations without threatened under the Act include extirpation of the entire population. knowing that the cause was directly recognition, recovery actions,
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requirements for Federal protection, and plan would bring together Federal, application, and pipeline or utility line prohibitions against certain activities. State, and local efforts for the construction crossing suitable habitat), Recognition through listing results in conservation of the species. The plan when such activity is conducted in public awareness and conservation will establish a framework for agencies accordance with any biological opinion actions by Federal, State, and local to coordinate activities and cooperate issued by us under section 7 of the Act; agencies, private organizations, and with each other in conservation efforts. (2) Activities on private lands that do individuals. The Act provides for The plan will set recovery priorities, not require Federal authorization and do possible land acquisition and assign responsibilities, and estimate not involve Federal funding, such as cooperation with the States and requires costs of various tasks necessary to grazing management, agricultural that the Service carry out recovery achieve conservation and survival of conversions, flood and erosion control, actions for all listed species. The this species. Additionally, pursuant to residential development, road protection required of Federal agencies, section 6 of the Act, we will be able to construction, and pesticide or herbicide and the prohibitions against certain grant funds to the State of Washington application when consistent with label activities involving listed plants are for management actions promoting the restrictions; discussed, in part, below. protection and recovery of this species. (3) Residential landscape Section 7(a) of the Act, as amended, The Act and its implementing maintenance, including the clearing of requires Federal agencies to evaluate regulations set forth a series of general vegetation around one’s personal their actions with respect to any species prohibitions and exceptions that apply residence as a fire break; and that is proposed or listed as endangered to all endangered plants. All (4) Casual, dispersed human activities or threatened, and with respect to its prohibitions of section 9(a)(2) of the Act, (e.g., bird watching, sightseeing, critical habitat, if any is being implemented by 50 CFR 17.61 for photography, camping, hiking) in the designated. Regulations implementing endangered plants, would apply. These habitat of the species. this interagency cooperation provision prohibitions, in part, make it illegal for With respect to Hackelia venusta, the of the Act are codified at 50 CFR part any person subject to the jurisdiction of following actions could result in a 402. Section 7(a)(4) requires Federal the United States to import or export, violation of section 9; however, possible agencies to confer with us on any action transport in interstate or foreign violations are not limited to these that is likely to jeopardize the continued commerce in the course of a commercial actions alone: existence of a species proposed for activity, sell or offer for sale in interstate (1) Unauthorized collecting of listing, or result in destruction or or foreign commerce, or remove the Hackelia venusta on Federal lands; adverse modification of proposed species from areas under Federal (2) Application of pesticides/ critical habitat. If a species is listed jurisdiction. In addition, for plants herbicides in violation of label subsequently, section 7(a)(2) requires listed as endangered, the Act prohibits restrictions; Federal agencies to ensure that activities the malicious damage or destruction in (3) Interstate or foreign commerce, they authorize, fund, or carry out are not areas under Federal jurisdiction and the import, or export of this species without likely to jeopardize the continued removal, cutting, digging up, damaging, a valid permit; and existence of the species or destroy or or destroying of such endangered plants (4) Removal or destruction of the adversely modify its critical habitat, if in knowing violation of any State law or species on Federal land, or on non- any has been designated. If a Federal regulation, or in the course of any Federal land if done in knowing action may affect a listed species or its violation of a State criminal trespass violation of Washington State law or critical habitat, the responsible Federal law. Certain exceptions to the regulations, or in the course of any agency must enter into formal prohibitions apply to our agents and violation of a Washington State criminal consultation with us. State conservation agencies. trespass law. Federal agencies whose actions may Our policy, published in the Federal Questions regarding whether specific require consultation include the Forest Register on July 1, 1994 (59 FR 34272), activities risk violating section 9 should Service, Federal Highway is to identify, to the maximum extent be directed to our Western Washington Administration, and U.S. Army Corps of practicable, activities that likely would Fish and Wildlife Office (see ADDRESSES Engineers (Corps). State highway or would not be contrary to section 9 of section). The Act and 50 CFR 17.62 and activity, implemented by the State and the Act. The intent of this policy is to 17.63 also provide for the issuance of partly funded by the Federal increase public awareness of the effect permits to carry out otherwise Government, includes highway of the listing on proposed and ongoing prohibited activities involving maintenance activities such as roadside activities within a species’ range. endangered plants under certain vegetation control, and may be subject With respect to Hackelia venusta, circumstances. Such permits are to consultation under the Act. Forest based upon the best available available for scientific purposes or to Service activities that may require information, the following actions enhance the propagation or survival of consultation under section 7 of the Act would not be likely to result in a the species. Requests for copies of the would include fire suppression, violation of section 9, provided these regulations regarding listed species and activities associated with fire activities are carried out in accordance general inquiries regarding prohibitions suppression, timber harvest, and habitat with existing regulations and permit and permits may be addressed to the restoration activities. The Corps may be requirements: U.S. Fish and Wildlife Service, required to consult with us on proposed (1) Activities authorized, funded, or Ecological Services, Permits Branch, 911 actions planned on the Wenatchee carried out by Federal agencies (e.g., N.E. 11th Avenue, Portland, OR 97232– River, which is adjacent and directly grazing management, agricultural 4181 (telephone 503/231–2063; below the highway ROW. The distance conversions, wetland and riparian facsimile 503/231–6243). from the base of the Hackelia venusta habitat modification, flood and erosion population to the Wenatchee River is control, residential development, National Environmental Policy Act less than 30 m (100 ft). recreational trail development, road We have determined that an Listing Hackelia venusta as construction, hazardous material Environmental Assessment or endangered will provide for the containment and cleanup activities, Environmental Impact Statement, as development of a recovery plan. Such a prescribed burns, pesticide/herbicide defined under the authority of the
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National Environmental Policy Act of collection of information unless it recordkeeping requirements, 1969, need not be prepared in displays a currently valid OMB Control Transportation. connection with regulations adopted Number. For additional information Regulation Promulgation pursuant to section 4(a) of the concerning permits and associated Endangered Species Act of 1973, as requirements for endangered plants, see Accordingly, § 17.12 of part 17, amended. We published a notice 50 CFR 17.62 and 17.63. subchapter B of chapter I, Title 50 of the outlining our reasons for this References Cited Code of Federal Regulations is determination in the Federal Register amended, as set forth below. on October 25, 1983 (48 FR 49244). A complete list of all references cited in this document, as well as others, may 1. The authority citation for part 17 Paperwork Reduction Act be requested from our Western continues to read as follows: Washington Fish and Wildlife Office This rule does not contain any new Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (see ADDRESSES section). collections of information that require 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500, unless otherwise noted. approval by the Office of Management Author and Budget under the Paperwork The primary author of this final rule 2. Amend § 17.12(h) by adding the Reduction Act (44 U.S.C. 3501 et seq.). is Ted Thomas, Western Washington following, in alphabetical order under This rule will not impose new record- Fish and Wildlife Office (see ADDRESSES FLOWERING PLANTS, to the List of keeping or reporting requirements on section). Endangered and Threatened Plants. State or local governments, individuals, § 17.12 Endangered and threatened plants. businesses, or organizations. An agency List of Subjects in 50 CFR Part 17 may not conduct or sponsor, and a Endangered and threatened species, * * * * * person is not required to respond to, a Exports, Imports, Reporting and (h) * * *
Species Historic range Family Status When listed Critical habi- Special Scientific name Common name tat rules
FLOWERING PLANTS
******* Hackelia venusta ... Showy stickseed ...... U.S.A. (WA) ...... Boraginaceae- E 722 NA NA borage.
*******
Dated: January 30, 2002. Marshall P. Jones, Jr., Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 02–2760 Filed 2–5–02; 8:45 am] BILLING CODE 4310–55–P
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