Wednesday, December 15, 2010

Part V

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Astragalus microcymbus and Astragalus schmolliae as Endangered or Threatened; Proposed Rule

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DEPARTMENT OF THE INTERIOR Colorado Ecological Services Office (see government consultation with Tribes, ADDRESSES); by telephone, 970–243– we met with the Ute Mountain Ute Fish and Wildlife Service 2778; or by facsimile, 970–245–6933. Tribe regarding the process we would Persons who use a telecommunications take to conduct a 12-month status 50 CFR Part 17 device for the deaf (TDD), call the review of Astragalus schmolliae. As an [FWS–R6–ES–2010–0080; MO 92210–0– Federal Information Relay Service outcome of our government-to- 0008–B2] (FIRS) at 800–877–8339. government consultation, we recognize SUPPLEMENTARY INFORMATION: the sovereign right of the Ute Mountain Endangered and Threatened Wildlife Ute Tribe to manage the habitat for A. and Plants; 12-Month Finding on a Background schmolliae on its tribal lands, and Petition To List Astragalus Section 4(b)(3)(B) of the Act (16 acknowledge that right in this 12-month microcymbus and Astragalus U.S.C. 1531 et seq.), requires that, for finding. schmolliae as Endangered or any petition to revise the Federal Lists Previous Federal Actions Threatened of Endangered and Threatened Wildlife and Plants that contains substantial Federal action for Astragalus AGENCY: Fish and Wildlife Service, microcymbus and Astragalus schmolliae Interior. scientific or commercial information that listing the species may be (then A. schmollae) began as a result of ACTION: Notice of 12-month petition warranted, we make a finding within 12 section 12 of the Act of 1973, as finding. months of the date of receipt of the amended (16 U.S.C. 1531 et seq.), which directed the Secretary of the SUMMARY: We, the U.S. Fish and petition. In this finding, we will Wildlife Service (Service/USFWS), determine that the petitioned action is: Smithsonian Institution to prepare a announce a 12-month finding on a (a) Not warranted, (b) warranted, or (c) report on plants considered to be petition to list Astragalus microcymbus warranted, but immediate proposal of a endangered, threatened, or extinct in the (skiff milkvetch) and Astragalus regulation implementing the petitioned United States. This report, designated as schmolliae (Schmoll’s milkvetch) as action is precluded by other pending House Document No. 94–51, was endangered or threatened, and to proposals to determine whether species presented to Congress on January 9, designate critical habitat under the are threatened or endangered, and 1975. In that document, both species Endangered Species Act of 1973, as expeditious progress is being made to were designated as endangered (House amended (Act). After a review of all the add or remove qualified species from Document 94–51, pp. 57–58). On July 1, available scientific and commercial the Federal Lists of Endangered and 1975, the Service published a notice in information, we find that listing A. Threatened Wildlife and Plants. Section the Federal Register (40 FR 27823, p. microcymbus and A. schmolliae is 4(b)(3)(C) of the Act requires that we 27847) of its acceptance of the warranted. However, currently listing of treat a petition for which the requested Smithsonian report as a petition within A. microcymbus and A. schmolliae is action is found to be warranted but the context of section 4(c)(2) (now precluded by higher priority actions to precluded as though resubmitted on the section 4(b)(3)) of the Act, and giving amend the Lists of Endangered and date of such finding, that is, requiring a notice of its intention to review the Threatened Wildlife and Plants. Upon subsequent finding to be made within status of the plant taxa therein. publication of this 12-month petition 12 months. We must publish these 12- As a result of that review, the Service finding, we will add A. microcymbus month findings in the Federal Register. published a proposed rule on June 16, and A. schmolliae to our list of In accordance with the President’s 1976, in the Federal Register (41 FR candidate species. We will make any memorandum of April 29, 1994, 24523, pp. 24543–24544) to determine determinations on critical habitat during Government-to-Government Relations endangered status pursuant to section 4 development of the proposed listing with Native American Tribal of the Act for approximately 1,700 rule. In any interim period, the status of Governments (59 FR 22951), Executive vascular plant taxa, including the candidate taxon will be addressed Order 13175, titled Consultation and Astragalus microcymbus and Astragalus through our annual Candidate Notice of Coordination with Indian Tribal schmolliae. The list of 1,700 plant taxa Review. Governments (65 FR 67249), and the was assembled on the basis of Department of the Interior’s manual on comments and data received by the DATES: The finding announced in this Departmental Responsibilities for Indian Smithsonian Institution, and the Service document was made on December 15, Trust Resources, at 512 DM 2, we in response to House Document No. 94– 2010. acknowledge our responsibility to 51 and the July 1, 1975, Federal ADDRESSES: This finding is available on communicate meaningfully with Register publication. General comments the Internet at http:// recognized Federal Tribes on a received in response to the 1976 www.regulations.gov at Docket Number government-to-government basis. In proposal are summarized in an April 26, FWS–R6–ES–2010–0080. Supporting accordance with Secretarial Order 3206 1978, Federal Register publication (43 documentation we used in preparing of June 5, 1997 (American Indian Tribal FR 17909). In 1978, amendments to the this finding is available for public Rights, Federal-Tribal Trust Act required that all proposals more inspection, by appointment, during Responsibilities, and the Endangered than 2 years old be withdrawn. A 1-year normal business hours at the Western Species Act), we readily acknowledge grace period was given to proposals Colorado Ecological Services Office, our responsibilities to work directly already more than 2 years old. On U.S. Fish and Wildlife Service, 764 with the Tribes in developing programs December 10, 1979, the Service Horizon Drive, Suite B, Grand Junction, for healthy ecosystems, to acknowledge published a notice in the Federal CO 81506–3946. Please submit any new that Tribal lands are not subject to the Register (44 FR 70796) withdrawing the information, materials, comments, or same controls as Federal public lands, portion of the June 16, 1976, proposal questions concerning this finding to the to remain sensitive to Indian culture, that had not been made final which above address. and to make information available to removed both A. microcymbus and A. FOR FURTHER INFORMATION CONTACT: Al Tribes. In fulfilling our trust schmolliae from proposed status but Pfister, Field Supervisor, Western responsibilities for government-to- retained both species as candidate plant

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taxa that ‘‘may qualify for listing under analyses, references, and documentation takes to complete a 12-month finding, the Act.’’ provided by NatureServe in its online we are unable to complete 12-month On December 15, 1980, the Service database at http://www.natureserve.org/ findings for all these species at this published a current list of those plant into the petition. We acknowledged the time. taxa native to the United States being receipt of the petition in a letter to the Species Information—Astragalus considered for listing under the Act Forest Guardians, dated August 24, 2007 where Astragalus microcymbus and (Slack 2007, p. 1). In that letter we Microcymbus Astragalus schmolliae were identified as stated that, based on preliminary Species Description and Taxonomy a category 2 taxon ‘‘currently under review, we found no evidence to Astragalus microcymbus is a review’’ (45 FR 82479, pp. 82490– support an emergency listing for any of perennial forb (a plant that can live to 82491). On November 28, 1983, A. the species covered by the petition, and more than 3 years of age and without schmolliae was moved to the ‘‘taxa no that we planned work on the petition in grass-like, shrub-like, or tree-like longer under review’’ list, and given a Fiscal Year (FY) 2008. vegetation) that dies back to the ground 3C rank indicating the species was On March 19, 2008, WildEarth every year. The plant has slender stems proven to be more abundant or Guardians filed a complaint (1:08–CV– that are sparsely branched with dark widespread than previously believed or 472–CKK) indicating that the Service not subjected to an identifiable threat failed to comply with its mandatory green pinnate leaves, with 9–15 leaflets (48 FR 53640, pp. 53641, 53662). The duty to make a preliminary 90-day arranged in an evenly spaced fashion two species also were included as a finding on their two multiple species along either side of a central axis. It is category 2 species (A. schmolliae was petitions—one for the Mountain-Prairie in the pea (Fabaceae) family. The not included as a 3C species despite the Region, and one for the Southwest spindly red to purple branches grow conclusions of the 1983 review) on Region (WildEarth Guardians v. from 30–60 centimeters (cm) (12–24 September 27, 1985 (50 FR 39525, p. Kempthorne 2008, case 1:08–CV–472– inches (in.)) long to 30 cm (12 in.) high, 39533–39534), February 21, 1990 (55 FR CKK). We subsequently published two and may trail along the ground, arch 6184, p. 6190), and September 30, 1993 90-day findings on January 6, 2009 (74 upwards, or stand upright, often being (58 FR 51144, pp. 51151–51152). The FR 419), and February 5, 2009 (74 FR supported by neighboring shrubs. category 2 species designation was 6122), identifying species for which we Flowers are small (0.5 cm (0.2 in.)), pea- defined as having enough information to were then making negative 90-day like, are found at the end of branches in indicate that listing the species as an findings, and species for which we were clusters of 7–14 flowers, and have white endangered or threatened species was still working on a determination. On petals that are tinged with purple. Fruits possibly appropriate. March 13, 2009, the Service and are boat-shaped (hence the common On October 22, 1993, we received a WildEarth Guardians filed a stipulated name ‘‘skiff’’ and the Latin name petition dated October 19, 1993, from settlement in the District of Columbia microcymbus meaning ‘‘small boat’’), the Biodiversity Legal Foundation and Court, agreeing that the Service would grow to less than 1 cm (0.4 in.), are Lee Dyer requesting that Astragalus submit to the Federal Register a finding triangular in cross-section, and hang microcymbus be listed as endangered as to whether WildEarth Guardians’ abruptly downward from the branches. under the Act, and that critical habitat petition presents substantial These characteristics, particularly the be designated (Carlton et al. 1993, pp. information indicating that the plant’s diffuse branching, small white- 1–11). The petition included biological petitioned action may be warranted for purple pea-like flowers, and boat-like information regarding the species and 38 Mountain-Prairie Region species by fruit pods distinguish this species from several scientific articles in support of August 9, 2009 (WildEarth Guardians v. other Astragalus species in the area the petition. After careful consideration, Salazar 2009, case 1:08–CV–472–CKK). (description adapted from Peterson et we did not issue a 90-day finding on the On August 18, 2009, we published a al. 1981, pp. 5–7; Heil and Porter 1990, petition because the species was already partial 90-day finding for the 38 pp. 5–6; Isley 1998, p. 349). included as a category 2 species (Spinks Mountain-Prairie Region species, and Astragalus microcymbus was 1994, pp. 1–8). found that the petition presented discovered in 1945 by Rupert Barneby On February 28, 1996, we proposed substantial information to indicate that roughly 6 kilometers (km) (4 miles (mi)) removing all category 2 species, listing of Astragalus microcymbus may west of Gunnison, Colorado (Barneby including Astragalus microcymbus and be warranted based on threats from off- 1949, pp. 499–500). The species was not Astragalus schmolliae, from our road vehicle use and drought; and that located again until 1955 by the Colorado candidate species notice of review (61 listing Astragalus schmolliae may be botanical expert William Weber, who FR 7596). This policy change was warranted based on threats from fire, originally considered it to be nonnative finalized on December 5, 1996, stating nonnative species invasions, road because of its dissimilarity to the other that the list was not needed because of construction, grazing, and drought; and numerous Astragalus species in the other lists already maintained by other went on to request further information region (Barneby 1964, p. 193). Both of entities such as Federal and State from the public pertaining to both these early collections were from agencies (61 FR 64481). species (74 FR 41649, pp. 41655– alongside Highway 50 near Gunnison, On July 30, 2007, we received a 41656). Colorado, at a location that has likely petition dated July 24, 2007, from Forest This notice constitutes the 12-month been destroyed. The plant was not Guardians (now WildEarth Guardians) finding on the July 24, 2007, petition to located in its more intact and native requesting that the Service: (1) Consider list Astragalus microcymbus and habitat along South Beaver Creek until all full species in our Mountain Prairie Astragalus schmolliae as threatened or Joseph Barrell rediscovered the species Region ranked as G1 or G1G2 by the endangered. Given that we are doing 12- in 1966 (Barrell 1969, p. 284; Colorado organization NatureServe, except those month findings for 38 species from this Natural Heritage Program (CNHP) that are currently listed, proposed for petition, and 67 species from the 2010a, p. 14). listing, or candidates for listing; and (2) Southwest Region multiple species The Astragalus genus is large, with list each species as either endangered or petition (74 FR 419, January 6, 2009; 74 over 1,500 species that are found on all threatened (Forest Guardians 2007, pp. FR 66866, December 16, 2009), and continents except Antarctica and 1–37). The petition incorporated all given the amount of resources that it Australia, and with almost 600 species

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in the United States, primarily in the microcymbus, suggesting that species indicate that the group generally West (Isley 1998, p. 149). The genus is pollinators may be important for possesses hard impermeable seed coats divided into many sections. A. reproduction, but little is known about with a strong physical germination microcymbus is not similar in what pollinators these are (with the barrier. As a result, the seeds are appearance to other Astragalus species exception of the two listed below) and generally long-lived in the soil, and only in the region. Its presumed closest which are most important. Two insects a small percentage of seeds germinate relative (from the Strigulosi section of that regularly visit the flowers of A. each year (summarized in Morris et al. Astragalus) is found in New Mexico, microcymbus were collected in 1989 2002, p. 30). Conversely, the DBG with other relatives extending (Heil and Porter 1990, pp. 18–19). One looked at soil cores taken from A. southward, and being found mostly in visitor was a small, black carpenter bee, microcymbus monitoring sites and Mexico (Barneby 1964, p. 193; Isley Ceratina nanula that was collected from found only one seed. The authors 1998, pp. 349–350). The taxonomic 3 sites (Heil and Porter 1990, pp. 18– concluded that A. microcymbus does status of A. microcymbus has not been 19), and is known from at least 11 not have an active seed bank (DBG disputed, although the monophyly (all western States (Discover Life 2009, p. 1). 2010a, p. 6). More research is needed to members descended from a single The other visitor was a small, yellow better understand the seed bank’s role in common ancestor) of the Strigulosi and brown satyr butterfly, the life history of the species. section, and the placement of A. Coenonympha ochracea ssp. ochracea, a Astragalus microcymbus individuals microcymbus within the section has species of the Rocky Mountains (Heil may exhibit prolonged dormancy been debated (Spellenberg 1974, pp. and Porter 1990, p. 19). We expect there (remaining underground throughout a 394–395; Heil and Porter 1990, pp. 12– are more pollinators than these two growing season). This trait may help a 13). For the purposes of this finding, we species, based on the limited number of species better cope with drought or consider A. microcymbus to represent a observations and collections to date resource-limiting conditions (Lesica and valid species and, therefore, a listable (Heil and Porter 1990, pp. 6, 18–19; Steele 1994, pp. 209–210). Between 6 entity. Sherwood 1994, p. 12), and because and 90 percent of A. microcymbus other Astragalus species are visited by individuals are dormant in a given year Biology and Life History many different pollinator species (DBG 2008, pp. 6, 13, 18). Dormancy Astragalus microcymbus individuals (Karron 1989, p. 322; Kaye 1999, pp. varies significantly from year to year live on average 2.2–3 years (with a range 1251–1252; Sugden 1985, p. 303). and between plots (DBG 2010a, p. 15). of 1–14 years). Most frequently, plants Fruits of Astragalus microcymbus Of the individuals that exhibited are alive for only 1 year (DePrenger- have been observed as early as late-May, prolonged dormancy, 54 percent Levin 2010a, pers. comm.). The plant are always present by mid-June, with remained dormant for 1 year, 10 percent flowers from mid to late May into July peak fruiting occurring in mid-July, and were dormant for 2 years, with a (Heil and Porter 1990, p. 18; Japuntich all fruits falling off the plants by late- decreasing percentage of individuals 2010a, pers. comm.). There are more August (Heil and Porter 1990, p. 18). remaining dormant for each flowering plants in early June than at Fruit production varies greatly. For successively longer time period to 11 any other time, and flowering then example, during a life-history study years (DBG 2008, p. 6). These numbers drops off or stops, with a second bloom (discussed in further detail in for prolonged dormancy are not occurring in July (Japuntich 2010a, pers. Distribution and Abundance below), no definitive because researchers are comm.). The earlier flowering plants are fruits were counted in 2002, and 33,819 unable to say with certainty if a plant reportedly larger and more vine-like, fruits were counted in 2008 (Denver returning to a spot where an individual and later flowering plants are much Botanic Gardens [DBG] 2010a, p. 5). In was previously found is a new smaller sized and less vine-like the same 14-year life history study individual or an individual returning (Japuntich 2010a, pers. comm.). (1995–2009), fruit production was high from prolonged dormancy (DePrenger- Little is known of how Astragalus in only 3 years: 1995, 1997, and 2008 Levin 2010a, pers. comm.). microcymbus reproduces. For example, (DBG 2010a, p. 5). This type of Distribution and Abundance we do not know if the plant requires synchronous seeding is sometimes pollinators, or what pollinators are referred to as mast seeding or mast We use several terms to discuss important for reproduction. A single years. Mast seedings may be a strategy various sizes or groupings of Astragalus plant that was caged in 1980 did not to release enough seeds to feed seed microcymbus individuals: Element produce fruit (Heil and Porter 1990, p. predators, that are kept at lower Occurrence, site, polygon, point, and 18). Although this was suggested as numbers in years with little or no seed units. We consider the term Element evidence that the plant may require production, and still allow other seeds Occurrence synonymous with pollinators, we believe that this to germinate. Alternatively, it may be a population and it is further defined speculation is premature, because the product of increased pollination success below. Within a population, various study was completed for only one (Crone and Lesica 2004, p. 1945). We smaller ‘‘sites’’ have been hand drawn individual. Studies of other Astragalus are unsure of the conditions that lead to on maps between 1955 and 1994, and species have found some species to be good seed and fruit set; overall annual counted or tracked by site. To totally reliant on pollinators, and others precipitation does not explain the distinguish these older sites from more to be somewhat self-compatible (able to variability (DBG 2010a, p. 12). recent Global Positioning System (GPS) produce seed without pollen from a Seed dispersal mechanisms have not mapping efforts, we have used the term different plant) but still relying on been researched, but wind and rain are ‘‘polygon’’ (circles around clusters of pollinators to some degree (Karron 1989, considered candidates (Heil and Porter individuals) or ‘‘point’’ (points p. 337; Kaye 1999, p. 1254). Astragalus 1990, p. 19). Seed dormancy, seed representing one or a few plants within species with limited ranges are survival, and seed longevity in the soil the immediate area) to describe data that somewhat more self-compatible than are unknown. We do not know if was collected after 2003 with a GPS wider ranging relatives (Karron 1989, p. specific cues (e.g., temperature, unit. Finally, we have taken the 337). precipitation, or seed coat alterations) polygons and points and created ‘‘units’’ Several pollinators have been are needed to break seed dormancy. on which to conduct our spatial observed visiting Astragalus Seed bank studies for other Astragalus analyses for this 12-month finding. The

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reasons for creating these units are State of Colorado (CNHP 2010b, pp. 1, lands. Within known areas, A. described in further detail below. 5). Since the species is known only from microcymbus has a spotty distribution, The CNHP, the agency that tracks rare the State of Colorado, the State (S) and most likely linked to the habitat being plant species in the State of Colorado, Global (G) ranks are the same. spotty on the landscape (Heil and Porter operates within the national Astragalus microcymbus has a very 1990, p. 16). Using the highest counts NatureServe network and follows limited range. It is found in an area across years and across all sites, we NatureServe protocols. NatureServe roughly 5.6 km (3.5 mi) from east to estimate the total maximum historic guidelines on designating Element west and 10 km (6 mi) from north to population to be around 20,500 Occurrences state they are to be south with a small, disjunct (widely individuals in 5 populations (Table 1; designated to best represent individual separated) population found 17 km USFWS 2010a, pp. 1–4). However, more populations, and are typically separated (10.5 mi) to the southwest on Cebolla recent counts indicate there are from each other by barriers to movement Creek (Figure 1). The species is known substantially fewer individuals than this or dispersal (NatureServe 2002, p. 11). primarily from Gunnison County with today (DBG 2010a, p. 7; BLM 2010, p. The CNHP assigns overall species ranks one site located in Saguache County. 3). We estimate A. microcymbus for rare plants within the State of The majority of sites and individuals are occupied roughly 34 hectares (ha) (83 Colorado. Astragalus microcymbus has a along South Beaver Creek just southwest acres (ac)) in 2008 (BLM 2010, pp. 8– Global rank of G1 indicating the species of Gunnison, Colorado. The species 10). In previous hand-drawn estimates, is critically imperiled across its range, occurs on lands managed by the Bureau A. microcymbus occupied roughly 131 and a State rank of S1 indicating the of Land Management (BLM) Gunnison ha (324 ac) (CNHP 2010a). species is critically imperiled within the Resource Area and adjacent private BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C

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TABLE 1—SUMMARY OF ASTRAGALUS MICROCYMBUS POPULATIONS (ELEMENT OCCURRENCES) (USFWS 2010a, PP. 1–4)

Number of sites Estimated number Population name Population No. (pre-2004) of individuals Ownership Population rank

Beaver Creek SE ...... 9 unknown 25 private ...... Historic Henry ...... 10 1 513 BLM ...... B Gold Basin Creek ...... 1 4 5,618 BLM ...... A South Beaver Creek ...... 2 39 14,317 BLM/private ...... A Cebolla Creek ...... none 1 unknown private ...... C or D Total ...... 45 20,473 Population rankings are categorized from A through D, with ‘‘A’’ ranked occurrences generally representing higher numbers of individuals and higher quality habitat, and ‘‘D’’ ranked occurrences generally representing lower numbers of individuals and lower quality (or degraded) habitat. A historic rank (H) indicates an occurrence that has not been visited for more than 20 years.

The CNHP defines an Element of polygons and points generally For our analyses in this 12-month Occurrence of Astragalus microcymbus represents a reduction of about 75 finding, we evaluated the sites, as any naturally occurring population percent in aerial extent from the original polygons, and points within Astragalus that is separated by a sufficient distance sites. We are unsure if the reduction of microcymbus populations, and created or barrier from a neighboring the site footprints is because of an actual what we call units from which to population. More specifically, for A. contraction in the size of the sites, if the conduct our analysis. We did this for microcymbus, a population is separated sites moved over time, or if it is an several reasons: (1) To simplify the by 1.6 km (1 mi) or more across artifact of mapping efforts using problems associated with tracking sites unsuitable habitat, or 3.2 km (2 mi) improved technology. We expect it may (i.e., different sources used different across apparently suitable habitat be a combination of all three. At three descriptors, making it difficult to ensure (CNHP 2010b, p. 1). Given this sites in the South Beaver Creek area, no that they were talking about the same definition, the CNHP has four plants were re-located despite several site); (2) to more broadly characterize populations of A. microcymbus in its survey efforts; these sites may have been and analyze the threats to the species’ database (CNHP 2010b, p. 2). Of these extirpated (USFWS 2010a; pp. 1–4; BLM habitat (we believe that sites, polygons, four populations, one (likely the type 2010, pp. 7–10; DePrenger-Levin 2010b, and points are too fine scale); (3) locality) has not been relocated since pers. comm.). In an extreme example, because the polygons mapped in 2008 1985 and is considered historic. This one site along South Beaver Creek (023– were on average much smaller than the site was partially searched (because of 033–31975), was reduced from a larger original hand-drawn sites, we wanted to private land access) in 1994 and not 4-ha (10-ac) site to two small polygons include more of the potential or relocated, although there have not been that are 97 percent smaller than previously occupied habitat rather than subsequent visits. It is considered previously mapped (USFWS 2010a; pp. restricting our analysis to the 2008 historic because it has not been seen in 1–4; BLM 2010, pp. 7–10). mapped polygons; and (4) to provide for 20 years. The site along Cebolla Creek The lumping of multiple sites into a more detailed analysis than would has not yet been incorporated into the populations makes sense biologically occur if we were to look at populations. CNHP’s database, but when because it generally represents areas To designate the units, we drew a incorporated will comprise a separate where genetic exchange is possible (e.g., perimeter around all GPS-derived population based on the separation populations). However, past mapping polygons and points that were within distances described above. efforts, site assessments, and count data 200 m (656 ft) of one another, and then While individuals of the species have have often been collected for smaller buffered each perimeter by an been lost, we are unaware of the loss of sites within a population (USFWS additional 100 m (328 ft) (Figure 1; any Astragalus microcymbus 2010a, pp. 1–4). The information Table 2). This 100-m (328-ft) buffer was populations, although we are unsure of gathered for these smaller sites is included so that previously occupied the status of Beaver Creek Southeast essential for tracking the status of the habitat, as drawn on maps, fell within population. Two A. microcymbus species but is somewhat problematic for the boundaries of these units. As a populations comprise multiple sites an over-arching analysis for several result of this exercise, all of the sites (Gold Basin Creek and South Beaver reasons. First, the confusion between within the Gold Basin Creek population Creek), and a few of these sites may numbering protocols makes it difficult were lumped. As shown in Figure 1 have been extirpated (locally extinct). to ensure that particular counts, habitat above, this methodology divided the Site revisits using more accurate GPS specifics, or threats discussed by South Beaver Creek population into six mapping equipment from 2004–2008 different sources are from the same separate units. The Beaver Creek generally re-located historical sites but sites. Second, mapping methodologies Southeast population, located entirely decreased the overall footprint of most have resulted in varying delineations, on private land, is not included in our sites into smaller polygons and points. especially with the advent of GPS units because we are unsure of its exact We roughly estimate the new mapping technology. location and current existence.

TABLE 2—ASTRAGALUS MICROCYMBUS UNITS FOR OUR SPATIAL ANALYSIS IN THIS 12-MONTH FINDING (USFWS 2010a, PP. 1–4; 2010b, PP. 1–3).

Est. number of indi- Unit name Population No. viduals Acres Hectares Ownership

Beaver Creek SE ...... 9 ...... 25 ...... Unknown ...... Unknown ...... private Henry ...... 10 ...... 513 ...... 10.8 ...... 4.4 ...... BLM Gold Basin Creek ...... 1 ...... 5,618 ...... 315.1 ...... 127.5 ...... BLM

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TABLE 2—ASTRAGALUS MICROCYMBUS UNITS FOR OUR SPATIAL ANALYSIS IN THIS 12-MONTH FINDING (USFWS 2010a, PP. 1–4; 2010b, PP. 1–3).—Continued

Est. number of indi- Unit name Population No. viduals Acres Hectares Ownership

South Beaver Creek 1 ...... 2 ...... 6,136 ...... 918.5 ...... 371.7 ...... 70% BLM, 30% pri- vate South Beaver Creek 2 ...... 2 ...... 3,667 ...... 684.5 ...... 277.0 ...... 68% BLM, 32% pri- vate South Beaver Creek 3 ...... 2 ...... 2,464 ...... 163.6 ...... 66.2 ...... 96% BLM, 4% pri- vate South Beaver Creek 4 ...... 2 ...... 778 ...... 24.1 ...... 9.75 ...... 70% BLM, 30% pri- vate South Beaver Creek 5 ...... 2 ...... 1,232 ...... 38.3 ...... 15.5 ...... BLM South Beaver Creek 6 ...... 2 ...... unknown ...... 11.5 ...... 4.6 ...... BLM Cebolla Creek ...... none ...... unknown ...... 24.6 ...... 9.9 ...... 6% BLM, 94% pri- vate TOTAL ...... 20,433* ...... 2,190.8 ...... 886.6 ...... 75% BLM, 25% pri- vate *Number is different from Table 1 above because the counts from two historical sites were excluded from the units.

Comprehensive surveys for estimates from the 1980s and 1990s ground plants in years with more Astragalus microcymbus were often reported the number of A. precipitation. conducted in 1989 (BLM 1989a, pp. 1– microcymbus individuals as more than The DBG has been monitoring 31) and 1994 (Sherwood 1994, pp. 1– 500, and sometimes as more than 2,000 Astragalus microcymbus annually since 24). In 2008, the BLM conducted a individuals. Most counts in the last 5 1995 (Carpenter 1995, pp. 1–7; DBG comprehensive mapping effort without years have been far less, generally under 2003, pp. 1–23; 2007, pp. 1–16; 2008, counts or population assessments (BLM 150 individuals with only 1 count over pp. 1–20; 2010a, pp. 1–17). The DBG 2010, p. 3). Several other efforts have 400 individuals (USFWS 2010a, pp. 1– found a decline in the number of A. counted individuals within certain sites 4). microcymbus individuals from 1995– (Japuntich 2010b, pers. comm.; 2009 (Figure 2), especially from 1995– DePrenger-Levin 2010b, pers. comm.; In 1989, the BLM developed a 2002 (DBG 2010a, p. 5). When 2010c, pers. comm.; 2010d, pers. protocol to provide long-term trend data comparing the first year of monitoring to comm.; USFWS 2010a, pp. 1–4). Count for selected populations of Astragalus the last, this decline is not statistically data from various sites are difficult to microcymbus (BLM 1989b, pp. 1–4). significant because of a partial rebound compare because there is no way of They applied the protocol in select in the last few years (DBG 2010a, pp. 5, knowing if two observers, during locations in 1990, 1994, and 2008. The 10–11). This decline is apparent, different years, travelled across similar number of individuals between 1990 although not significant, when areas, and if the effort between the two and 2008 was not statistically different, considering only above-ground counts were similar. In general, counts and both years had similar low annual individuals (p = 0.11) as well as when in 1994 were higher than 1989 precipitation (20 cm (8 in.)) compared to combining above-ground individuals (Sherwood 1994, p. 13; USFWS 2010a, the average of 25 cm (10 in.) (USFWS with dormant individuals (p = 0.19) pp. 1–4). Several other observers have 2010c, pp. 1–8; DBG 2010a, p. 12; (Figure 2). Dormant individuals are subsequently returned to these sites and Western Regional Climate Center unknown for the first and last years of found that A. microcymbus numbers in [WRCC] 2010a, pp. 1–8). However, there the study (1995 and 2008) because of 2004, 2005, 2007, and 2008 were much were significantly more plants in 1994 problems associated with finding lower than those of 1994 and the 1980s, (three to four times) than either 1990 or dormant individuals in the first year, with many sites shrinking from 2008. Precipitation was higher in 1994, and because dormant individuals thousands to hundreds of individuals roughly 10 cm (4 in.) more than in 1990 cannot be distinguished from dead (DBG 2010a, p. 7; BLM 2010, p. 3; or 2008 (USFWS 2010c, pp. 1–8). We individuals in the last year. USFWS 2010a, pp. 1–4). Site counts and conclude that there are more above- BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C addition, rainfall in springtime months fairly consistently spread across the In conjunction with the life-history during the growing season was year, except for July and August when monitoring, the DBG conducted a statistically correlated with more above- roughly twice the precipitation falls population viability analysis using data ground growth (DBG 2010a, p. 6). compared to the other months (WRCC from 1995–2006. They found that all Survey efforts, trend monitoring, life- 2010b, pp. 3, 8). Snow falls in the monitored populations of Astragalus history monitoring, and the winter and remains on the ground from microcymbus were in rapid decline, and corresponding population viability November/December through March/ predicted that all populations will analysis all suggest that Astragalus April (WRCC 2010a, pp. 3, 8). Winters comprise 20 individuals or less—their microcymbus numbers are declining. In are cold with an average daily high in definition of extinct—by 2030 (DBG both of the more rigorous monitoring January of -3 °C (26.5 °F) and an average 2010a, p. 10). This analysis has not been efforts, the decline seems to be daily low of -20 °C (-4.0 °F). Summers updated incorporating more recent correlated with precipitation. The are warmer. July is the hottest month monitoring data. However, a drought in the early 2000s caused a with an average daily high of 27 °C (81 preliminary review for a subsequent huge decline in numbers, with a °F) and an average daily low of 6 °C (44 population viability analysis has found rebound in the later 2000s (DBG 2010a, °F) (WRCC 2010b, pp. 3–8). still declining trends but with a more p. 5). However, the very low survey Astragalus microcymbus is found in gradual decline that would likely delay numbers from this decade as compared open park-like landscapes dominated by the predicted extinction date to the 1980s and 1990s seem less several sagebrush species, cacti, sparse (DePrenger-Levin 2010e, pers. comm.). correlated with precipitation (USFWS grasses, and other scattered shrubs. Unfortunately, the population viability 2010a, pp. 1–4; WRCC 2010a, pp. 1–8). Shrubs are primarily represented by analysis including the 2007 and 2008 The reasons for these declines are not Artemisia tridentata ssp. vaseyana data has not been completed. The 2009 fully understood. (mountain big sagebrush), Artemisia data cannot be used because of the tridentata ssp. wyomingensis (Wyoming problems associated with identifying Habitat sagebrush), Artemisia frigida (fringed dead or dormant individuals. Astragalus microcymbus is found in sagebrush or prairie sagewort), and Astragalus microcymbus numbers are the sagebrush steppe ecosystem at Artemisia nova (black sagebrush); cacti positively correlated with precipitation. elevations of 2,377–2,597 meters (m) include Yucca harrimaniae (Spanish In a statistical comparison, annual (7,800–8,520 feet (ft)). The plant is most bayonet), and Opuntia polyacantha rainfall from August of the previous commonly found on rocky or cobbly, (plains pricklypear); grasses most growing season to July of the current moderate to steep (9–38 degrees) slopes commonly include Achnatherum growing season positively influenced of hills and draws (Heil and Porter 1990, hymenoides (formerly Oryzopsis the number of A. microcymbus p. 16), although there are some sites that hymenoides—Indian ricegrass), Elymus individuals, average maximum are flat. Plants are generally found on elymoides (formerly Sitanion hystrix— temperature in May and July negatively southeast to southwest aspects, but are squirreltail), Hesperostipa comata influenced the number of individuals, occasionally found on northern (formerly Stipa comata—needle and and rainfall in May and July positively exposures (Heil and Porter 1990, p. 13). thread grass), and Poa sp. (fescue); and influenced the number of individuals The average annual precipitation is the most common forbs include significantly (DBG 2010a, p. 6). In around 25 cm (10 in.) a year, and is Cryptantha cinerea (James’ Cryptantha)

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and Penstemon teucrioides (germander In considering what factors might below), more nonnative invasive plants beardtongue). Other shrubs and small constitute threats to a species, we must (see Nonnative Invasive Plants below) trees found within A. microcymbus’ look beyond the exposure of the species (Hansen et al. 2005, p. 1896), and habitat include Ribes cereum (wax to a factor to evaluate whether the changes to ecological processes (Hansen currant), Symphoricarpos oreophilus species may respond to the factor in a et al. 2005, p. 1901). A recent but (mountain snowberry), and Juniperus way that causes actual impacts to the common pattern of population growth scopulorum (Rocky Mountain juniper). species. If there is exposure to a factor in the Gunnison area is ‘‘exurban’’ or Soils are well drained and vary from and the species responds negatively, the ‘‘ranchette’’ development. These sandy to rocky, but are primarily a thin factor may be a threat and we attempt ranchettes consist of larger lots cobble-clay loam (Heil and Porter 1990, to determine how significant a threat it (generally more than 14 ha (35 ac)) each p. 13). The primary soils within is. The threat is significant if it drives, with an isolated large house. This type Astragalus microcymbus units are stony or contributes to, the risk of extinction of development, because of its location rock land (46 percent), Lucky-Cheadle of the species such that the species outside of urban footprints, may have gravelly sandy loams with 5–45 percent warrants listing as endangered or more impacts to ecosystems and slopes (39 percent), alluvial land (8 threatened as those terms are defined in biodiversity than urban or urban fringe percent), and Kezar-Cathedral gravelly the Act. development (Hansen et al. 2005, p. 1903). Much of this development occurs sandy loams with 5–35 percent slopes (4 Factor A. The Present or Threatened on steeper slopes, like those where percent) (Natural Resource Conservation Destruction, Modification, or Astragalus microcymbus is found, Service (NRCS) 2008; USFWS 2010b, Curtailment of Its Habitat or Range pp. 12–13). Geologically, A. where views are better. microcymbus is associated with: (1) The following potential factors that To the best of our knowledge, Felsic and hornblendic gneiss may affect the habitat or range of residential and urban development (metamorphic from igneous) substrates; Astragalus microcymbus are discussed (aside from roads) has impacted only (2) granitic (igneous) rocks of 1,700 in this section, including: (1) one Astragalus microcymbus unit: the Residential and urban development; (2) million-year age group; and (3) biotitic Beaver Creek Southeast Unit. The recreation, roads, and trails; (3) utility gneiss, schist, and migmatite original type locality along Highway 50 corridors; (4) nonnative invasive plants; (sedimentary) substrates with 52, 37, may have been lost to highway (5) wildfire; (6) contour plowing and and 11 percent, respectively, in each activities, and the nearby private lands nonnative seedings; (7) livestock, deer geology (Knepper et al. 1999, pp. 21–22; where the plant was located in the late and elk use of habitat; (8) mining, oil USFWS 2010b, pp. 10–11). 1970s and early 1980s may have been and gas leasing; (9) climate change; and lost to a gravel pit (Sherwood 1994, pp. The areas where Astragalus (10) habitat fragmentation and 18–19). No more than 30 plants were microcymbus is found are generally degradation. reported from this unit in any given year distinct from surrounding habitats. They from 1955–1994 (USFWS 2010a, p. 1). are more sparsely vegetated, drier than Residential and Urban Development Only two A. microcymbus sites are near surrounding areas, more heavily The majority of Astragalus buildings: There is a cabin near one of occupied by cacti, and appear to have microcymbus is located between 3.2 and the larger A. microcymbus sites within some specific soil properties as 11 km (2 and 7 mi) of the town of the South Beaver Creek 1 Unit (BLM described above. This habitat is limited Gunnison, Colorado, the largest town in 1989a, p. 31), and there is a house and patchily distributed on the Gunnison County (Figure 1). Rapid within the Cebolla Creek Unit. We do landscape. population growth in the rural Rocky not know if construction of either of Summary of Information Pertaining to Mountains, including the Gunnison these structures impacted A. the Five Factors area, is being driven by the availability microcymbus. of natural amenities, recreational Twenty-five percent of the Astragalus Section 4 of the Act (16 U.S.C. 1533) opportunities, aesthetically desirable microcymbus units are on private land, and implementing regulations (50 CFR settings, grandiose viewscapes, and mostly along South Beaver Creek (Table 424) set forth procedures for adding perceived remoteness (Riebsame 1996, 2). Five parcels of private land (with an species to the Federal Lists of pp. 396, 402; Theobald et al. 1996, p. additional parcel nearby) are currently Endangered and Threatened Wildlife 408; Gosnell and Travis 2005, pp. 192– within A. microcymbus units along and Plants. Under section 4(a)(1) of the 197; Mitchell et al. 2002, p. 6; Hansen South Beaver Creek ranging in size from Act, a species may be determined to be et al. 2005, pp. 1899–1901). Gunnison 17 to 263 ha (43 to 650 ac), only one of endangered or threatened based on any County grew from 5,477 people in 1960 which has any housing or agricultural of the following five factors: to 15,048 people in 2007, constituting a developments. All of these parcels are (A) The present or threatened 300 percent increase in population in used primarily for livestock ranching destruction, modification, or less than 50 years (CensusScope 2010, operations that have a much lower curtailment of its habitat or range; pp. 1–3; Colorado State Demography impact than urban or residential (B) Overutilization for commercial, Office 2008, p. 1). The population of development. recreational, scientific, or educational Gunnison County is predicted to more These private land parcels bisect the purposes; than double by 2050 to approximately South Beaver Creek 1 and South Beaver (C) Disease or predation; 31,100 residents (Colorado Water Creek 2 Units, and clip portions of the (D) The inadequacy of existing Conservation Board 2009, p. 53). South Beaver Creek 3 and South Beaver regulatory mechanisms; or Human population growth results in Creek 4 Units (USFWS 2010b, pp. 2–3). (E) Other natural or manmade factors increased fragmentation of habitat (see Roughly half of the known Astragalus affecting its continued existence. Factor E below) (Theobald et al. 1996, microcymbus individuals are within the In making this 12-month finding, we pp. 410–412), increased recreation and South Beaver Creek 1, 2, and 4 Units evaluated the best scientific and more roads (see Recreation, Roads, and (Table 2), making them especially commercial information available. Our Trails below) (Mitchell et al. 2002, pp. important to the conservation of the evaluation of this information is 5–6; Hansen et al. 2005, p. 1899), more species. These three units all have at presented below. utility corridors (see Utility Corridors least 30 percent of their area on private

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lands (Table 2), more than the average Based on the above information, we Because Astragalus microcymbus across the units of 25 percent. Given consider residential and urban generally occurs on slopes, it is their proximity to town, the rapid development to be a threat to the somewhat protected from the further growth predicted for Gunnison County species in the foreseeable future. development of large roads. And many (Colorado Water Conservation Board of the existing roads, although not all, Recreation, Roads, and Trails 2009, p. 53), the lack of undeveloped run immediately along the bottom or top parcels in desirable locations (Gunnison It is difficult to separate the effects of of sites instead of through the middle of County 2005, p. 1), and their appealing roads and trails from the effects of sites. However, these slopes appear to views, these parcels are in a likely recreation where Astragalus be the preferred location for dirt bike location for development and could be microcymbus resides. Most forms of and mountain bike trails, especially subdivided in the future. In addition, recreation within A. microcymbus’ those that were user-created instead of the Cebolla Creek Unit is located almost range include the use of roads and trails formally designed. Many of the trails entirely on private land and is already either as a form of recreation (e.g., within the range of A. microcymbus are partially developed. vehicle use, mountain biking, or hiking) user-created and run across or up Residential or urban development of or as a way to access recreation areas through the slopes where the plant is these parcels would likely lead to the (e.g., target shooting and rock climbing found (USFWS 2010, pers. comm.). destruction of Astragalus microcymbus areas). For these reasons, we have These user-created trails, when individuals, as well as fragment and chosen to address recreation, roads, and redesigned, often require a series of alter the plants’ habitat. In 2005, it was trails together in this section. switchbacks, which could increase the estimated that only 30 percent of the Roads cause habitat fragmentation opportunity for impacts to the plant. private lands in Gunnison County because they create abrupt transitions in Travel management (the allocation and remained undeveloped (Gunnison vegetation; add edge to adjacent utilization of motorized and County 2005, p. 1). Because only 30 patches; are sources of pollutants; and nonmotorized use), and route percent of the private lands in Gunnison act as filters (allowing some species to designation and design, both within the County remain undeveloped, and cross but not others) and barriers Hartman Rocks Recreation Area and because the population of Gunnison (prohibiting movement) (Spellerberg outside that area, are described in County is expected to double by 2050, 1998, pp. 317–333). Road networks further detail below. we conclude that the currently contribute to exotic plant invasions via Except for the one disjunct population, all of the Astragalus undeveloped private lands where A. introduced road fill, vehicle transport of microcymbus occurs are likely to be microcymbus units are within 11 km (7 plant parts, and road maintenance developed by 2050. The potential loss of mi) of the town of Gunnison, the closest activities (Forman and Alexander 1998, up to 25 percent of the area (habitat) and of which is 3.2 km (2 mi) away. This p. 210; Forman 2000, p. 32; Gelbard and even more of the individuals of A. close proximity to an urban area makes Belnap 2003, p. 426). Many of these microcymbus is a significant threat for the species more susceptible to invasive species are not limited to a species with such limited numbers recreational impacts than if it were roadsides, but also encroach into and a limited range (Table 2). This located more remotely. The Hartman surrounding habitats (Forman and development also would fragment the Rocks Recreation Area is a popular Alexander 1998, p. 210; Forman 2000, habitat, potentially isolating small urban interface recreation area and p. 33; Gelbard and Belnap 2003, p. 427). populations from one another leading to contains roughly 40 percent of the A. the further loss of individuals. Aside from the indirect effects microcymbus units (BLM 2005a, p. 3; Currently, the impact of development discussed above, a road typically USFWS 2010b, pp. 4–5). The Hartman on the species is relatively minor, removes all vegetation from about 0.7 ha Rocks Recreation Area is located consisting of the few examples provided (1.7 ac) per 1.6 km (1 mi), while a single between 3 and 10 km (2 and 6 mi) from above. Although 25 percent of track trail removes all vegetation from the town of Gunnison on BLM lands Astragalus microcymbus individuals are about 0.1 ha (0.25 ac) per 1.6 km (1 mi) (BLM 2005a, p. 3). The Hartman Rocks on private lands with no protective (BLM 2005a, p. 13). Roads also act as Recreation Area covers 3,380 ha (8,350 mechanisms in place for the species, corridors that facilitate human ac), but trails expand out onto adjacent little development is currently occurring interaction with species and increase lands. These lands also have A. on these private lands. However, we the opportunities and the likelihood of microcymbus plants and habitat that are believe that the threat of development to travel across undisturbed (non-road) being impacted by these trails (BLM the species may increase in the areas. The recreational use of roads is on 2005a, p. 3). foreseeable future based on future the rise. From 1991 to 2006, off-highway We have no detailed information on human population growth. Future vehicle registrations increased 937 how much use occurs, how this use is development on these lands is likely, percent (from 11,744 to 109,994 within increasing, or when the use is occurring because of the rate of growth in the the state), with an average annual in the Hartman Rocks Recreation Area. Gunnison area. Given that Gunnison increase of 16 percent (Summit County In 2005, it was estimated that the County has seen a 300 percent increase Off Road Riders 2009, p. 1). Recreational Hartman Rocks Recreation Area in population in less than 50 years, that activities within the Gunnison Basin are received 15,000–20,000 user days each only 30 percent of the private lands widespread, occur during all seasons of year (BLM 2005a, p. 3). Recreation remain undeveloped, and A. the year (especially summer and activities within the Hartman Rocks microcymbus’ close proximity to the hunting season), and have expanded as Recreation Area include mountain town of Gunnison, we expect that some more people move to the area or come biking, motorcycling, all-terrain vehicle of these private land parcels will be to recreate (BLM 2009a, pp. 7–8). riding, 4-wheeling, rock climbing, developed in the next several decades. Motorized and mechanized use has been camping, trail running, horseback Based on the population projections increasing within the Gunnison Basin riding, cross country skiing, presented above, the foreseeable future and is expected to increase in the future snowmobiling, dog sledding, hill for development is 40 years, as the based on increased population (USFS parties, target shooting, hunting, population of Gunnison County is and BLM 2010, pp. 5, 9, 85, 124–125, paintball, and more (BLM 2005a, p. 3). predicted to more than double by 2050. 136, 158, 177, 204, 244, 254, 269, 278). We have seen most of these activities

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occurring adjacent to or within whereas it had previously been open on where they meet open trails during the Astragalus microcymbus sites (USFWS all lands (BLM 1993, p. 2.30). Outside summer of 2011 in an attempt to ensure 2010, pers. comm.). the South Beaver Creek ACEC, all lands they will no longer be used (Japuntich The BLM’s Hartman Rocks Recreation within the range of Astragalus 2010d, pers. comm.). Management Plan closed two trails and microcymbus remained open to The BLM and the USFS finalized a rerouted one trail to protect Astragalus motorized vehicle traffic. In 2001, joint Environmental Impact Statement microcymbus (BLM 2005a, p. 18; mechanized travel, including mountain for a Gunnison Basin Federal Lands Japuntich 2010c, pers. comm.). These bikes, on all lands within the Gunnison Travel Management Plan that includes closures were for trails that were Resource Area including the South areas on BLM lands outside the directly impacting A. microcymbus Beaver Creek ACEC and the Hartman Hartman Rocks Recreation Area (USFS individuals. The Aberdeen Loop trail Rocks Recreation Area was limited to and BLM 2010, pp. 1–288). This plan goes very close to several A. designated routes (U.S. Forest Service builds upon the Gunnison Travel microcymbus sites within the South (USFS) and BLM 2001a, p. 3; 2001b, pp. Interim Restrictions of 2001 by closing Beaver Creek 1, South Beaver Creek 5, 1–2; BLM 2005a, p. 14). This closure additional routes, mostly for resource- and South Beaver Creek 6 Units. To resulted in new protections for A. related reasons (USFS and BLM 2010, p. protect Gunnison sage-grouse brood- microcymbus from mountain bikes and 1). Astragalus microcymbus is not rearing habitat, a reroute of this trail is vehicular use on BLM lands outside the considered in detail in this plan, nor planned in the next few years that will South Beaver Creek ACEC, and from does the plan designate roads be closed put the trail further from these A. mountain bikes within the ACEC. specifically to protect A. microcymbus Enforcement of travel designations microcymbus sites (Japuntich 2010d, (USFS and BLM 2010, pp. 47, 78–79). and trail closures is difficult given the pers. comm.). Many trails are open year- None of the closures proposed in the large area of the BLM’s Gunnison round in the Hartman Rocks Recreation plan will benefit A. microcymbus nor do Resource Area and limited law Area, but with less use in the winter and they address routes within the Hartman enforcement personnel (USFS and BLM early spring when trails are snow Rocks Recreation Area. covered or muddy. Closures during A. 2010, p. 259). Illegal trails are always an microcymbus’ growing season (likely issue in well-used recreation areas (BLM We have found roads, trails, and late April through August) would 2010, p. 4). Furthermore, the open park- gravel parking areas atop Astragalus benefit the species by reducing impacts like habitat of Astragalus microcymbus microcymbus individuals and polygons to seedlings and plants, and by makes it difficult to disguise trails that (USFWS 2010, pers. comm.). These lessening disruptions to pollinators. The have been closed. Numerous roads, trails, and parking areas have no Aberdeen Loop trail that runs through undesignated trails running through A. vegetation. A. microcymbus individuals the South Beaver Creek 1, South Beaver microcymbus habitat are visible on can be found along the margins of these Creek 5, and South Beaver Creek 6 satellite images (see below). Law roads, trails, and parking areas, occupied A. microcymbus habitat is enforcement with the Gunnison sometimes with tire tracks atop (USFWS subject to seasonal closures for the Resource Area is provided by the BLM’s 2010, pers. comm.). Cheatgrass is Gunnison sage grouse from June 15 until Montrose Area Office, which is located spreading from the old road bed upslope August 31. This closure provides partial over 105 km (65 mi) away. Law and into the one site where invasion is protection for A. microcymbus in the enforcement within this area is occurring (USFWS 2010, pers. comm.). growing season. intermittent, and tickets are rarely, if Trails sometimes are deeply incised and The South Beaver Creek Area of ever, issued for trespass use (USFS and eroded (USFWS 2010, pers. comm.). Critical Environmental Concern (ACEC) BLM 2010, p. 259). We conducted a spatial analysis (also a Colorado Natural Area) was As an example, the Quarry Drop trail overlaying the distribution of Astragalus designated in 1993 by the BLM with the that runs through the South Beaver microcymbus units with designated intent of protecting and enhancing Creek 1 Unit was closed in 2005 with routes within and near the Hartman existing populations of Astragalus the Hartman Rocks Recreation Plan, Rocks Recreation Area. We found 8.8 microcymbus (BLM 1993, pp. 2.18, 2.29; because it ran directly through two km (5.5 mi) of roads (3.5 km (2.3 mi)) Colorado Natural Areas Program [CNAP] Astragalus microcymbus sites (BLM and trails (5.3 km (3.2 mi)) overlap with 1997, pp. 1–7). The South Beaver Creek 2010, p. 4). Although this trail is posted A. microcymbus units (Table 3) (BLM ACEC is 1,847 ha (4,565 ac), and as closed, it was still in use during the 2010; USFWS 2010b, pp. 14–15). includes 60 percent of the A. summer of 2009, when rocks were Through this mapping effort, we found microcymbus units rangewide (BLM placed to close the trail entrance (BLM four of the polygons within the Gold 1993, p. 2.18; USFWS 2010b, pp. 8–9). 2010, p. 4). The Gunnison Trails group Basin Creek Unit are being directly Seventy percent of the South Beaver (a local non-profit trail-building group) impacted by these roads and trails Creek ACEC is within the Hartman and the BLM have increased their efforts (USFWS 2010b, p. 16). We also are Rocks Recreation Area, although the on finding illegal trails and closing them aware of at least three other polygons South Beaver Creek ACEC was before they become more established. that are being directly impacted by developed at least 8 years prior to the Continued pressure from the recreation roads and trails (USFWS 2010, pers. Hartman Rocks Recreation Area (BLM community for new trail construction is comm.). Estimating that a road typically 2005a, p. 44). Because of its designation likely, as well as trespass use (BLM removes all vegetation from about 0.7 ha as a recreation area, the Hartman Rocks 2010, p. 4). In an effort to control illegal (1.7 ac) per 1.6 km (1 mi) while a single Recreation Area draws users to the area, use, the BLM has put up educational track trail removes all vegetation from which is in conflict with the ACEC’s signs where roads enter the South about 0.1 ha (0.25 ac) per 1.6 km (1 mi) intent to protect and enhance A. Beaver Creek ACEC explaining what A. (BLM 2005a, p. 13), designated roads microcymbus. microcymbus is and why the species directly impact 1.6 ha (3.9 ac) and When the South Beaver Creek ACEC and its habitat are important to preserve designated trails directly impact 0.3 ha was designated, motorized vehicle (BLM 2010, p. 6). Trails that have been (0.8 ac) of habitat within A. traffic was limited to designated routes, closed are planned to be rehabilitated microcymbus units.

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TABLE 3—ROADS, TRAILS, AND PATHS WITHIN Astragalus microcymbus UNITS [Designated routes are those included in the BLM’s geospatial layers, undesignated are those located using satellite imagery]

Designated Undesignated Total Unit name Roads Trails Roads Trails Paths km (mi) km (mi) km (mi) km (mi) km (mi) km (mi)

Henry ...... 0.1 (0.06) ...... 0.1 (0.06) 0.1 (0.06) ...... 0.3 (0.2) Gold Basin Creek ...... 2.2 (1.4) 1.4 (0.9) 0.1 (0.06) 0.4 (0.2) 1.3 (0.8) 5.4 (3.4) South Beaver Creek 1 ...... 1.2 (0.7) 3.5 (2.2) 6.3 (3.9) 3.4 (2.1) 1.6 (1.0) 16.0 (9.9) South Beaver Creek 2 ...... 2.4 (1.5) 0.3 (0.2) 3.6 (2.2) 6.3 (3.9) South Beaver Creek 3 ...... 0.7 (0.4) ...... 0.7 (0.4) South Beaver Creek 4 ...... South Beaver Creek 5 ...... 0.2 (0.1) ...... 0.2 (0.1) South Beaver Creek 6 ...... 0.2 (0.1) ...... 0.2 (0.1) Cebolla Creek ...... 0.6 (0.4) ...... 0.6 (0.4)

Total (km) ...... 3.5 (2.2) 5.3 (3.3) 10.2 (6.4) 4.2 (2.6) 6.5 (4.0) 29.7 (18.5)

While travel is officially limited to undesignated trails directly impact 0.3 a conservative estimate of impacts, as it designated routes only on BLM lands, ha (0.8 ac), and undesignated paths is probably more accurate for trails than there are numerous roads, trails, and directly impact less than 0.4 ha (1 ac) of roads (summarized in DBG 2010b, p. 1). paths that are not designated, with some A. microcymbus habitat. Because we Using this buffer distance, we estimate receiving regular use. Some of these were using satellite imagery, we cannot that roughly 14.5 percent of A. roads have been closed, but their say for certain what the level of use is microcymbus’ total habitat may footprint remains. Some of these roads on the trails, or even say if they are still currently be impacted by roads and are on private lands along South Beaver in use. Some of the paths may have been trails (Table 4) (USFWS 2010b, pp. 23– Creek, but many are trails or old roads livestock trails. Livestock trails may 25). We expect our 15-percent estimate on BLM lands that are undesignated, receive more or less use than other is low. For example, plumes of dust are that either show evidence of use or trails, but the effects are likely similar. known to travel hundreds of meters, could be receiving use. We used the All units except the South Beaver especially in arid climates (Gilles et al. NRCS’ 2005 National Agriculture Creek 4 Unit have roads and trails. 2005, p. 2346). Also, we expect that the Imagery Program satellite imagery to Designated and undesignated roads two known pollinators of A. look for roads, trails, and paths in denude about 5.7 ha (14.1 ac), microcymbus travel at least 100 m (328 occupied Astragalus microcymbus units designated and undesignated trails ft) from their nests, and impacts within additional to those BLM roads and trails denude about 0.6 ha (1.6 ac), and this area could impact the nests of these included in the analysis above. We undesignated paths denude less than 0.4 pollinators (Greenleaf et al. 2007, pp. designated roads, trails, and paths based ha (1 ac) within Astragalus 589–596). In the case of the A. on the width of the disturbance. Roads microcymbus units, or less than 0.8 microcymbus site with cheatgrass, we were the widest, trails were narrower, percent (Table 4). To estimate the estimate that the cheatgrass invasion and paths were the narrowest. We found indirect effects of roads and trails, we was facilitated by the road and has since almost 21 km (13 mi) of additional used a 20-m (66-ft) buffer on either side moved roughly 20 m (66 ft) upslope into roads, trails, and paths, including: 10.2 of roads and trails. This distance the site (USFWS 2010, pers. comm.). A km (6.3 mi) of roads, 4.2 km (2.6 mi) of represents the area where invasive 100-m (328-ft) buffer (that would better trails, 6.5 km (4.0 mi) of paths (Table 3) nonnative species are most likely to account for indirect dust and invasive (USFWS 2010b, pp. 21–22). Using the invade, pollinators may be impacted or nonnative species effects) on either side BLM’s estimates of direct impacts (BLM disturbed by passing vehicles, off-trail of these roads and trails would cover 2005a, p. 13), undesignated roads use is most likely, and impacts from roughly 46 percent of the A. directly impact 4.4 ha (10.9 ac), dust may occur. This distance results in microcymbus units.

TABLE 4—DIRECT AND INDIRECT (20 METER (66 FOOT)) EFFECTS TO Astragalus microcymbus UNITS FROM ROADS, TRAILS, AND PATHS

Direct 20-m (66-ft) buffer Road Trail and path Unit name km (mi) km (mi) Area Area ha (ac) % of unit ha (ac) % of unit

Henry ...... 0.2 (0.1) 0.1 (0.06) 0.1 (0.2) 1.9 1.8 (4.6) 42.0 Gold Basin Creek ...... 2.3 (1.4) 3.1 (1.9) 1.2 (3.0) 1.0 22.7 (56.0) 17.8 South Beaver Creek 1 ...... 7.5 (4.7) 8.5 (5.3) 3.8 (9.4) 1.0 69.7 (172.1) 18.7 South Beaver Creek 2 ...... 2.4 (1.5) 3.9 (2.4) 1.3 (3.2) 0.5 26.9 (66.3) 9.7 South Beaver Creek 3 ...... 0.7 (0.4) ...... 0.3 (0.7) 0.4 3.2 (7.9) 4.8 South Beaver Creek 4 ...... South Beaver Creek 5 ...... 0.2 (0.1) 0.01 (0.02) 0.05 0.9 (2.2) 5.8 South Beaver Creek 6 ...... 0.2 (0.1) 0.01 (0.02) 0.2 0.9 (2.2) 19.4 Cebolla Creek ...... 0.6 (0.4) ...... 0.3 (0.7) 2.8 2.7 (6.8) 27.7

Total (km) ...... 13.7 (8.5) 16.0 (9.9) 6.9 (17.1) 0.8 128.7 (318.1) 14.5

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Given the numerous roads and trails microcymbus individuals to the ecosystems (D’Antonio and Vitousek within Astragalus microcymbus’ habitat transmission line, we assume some 1992, pp. 63–87; Olson 1999, pp. 6–18; (impacting between 15 and 46 percent individuals were impacted during Mooney and Cleland 2001, pp. 5446– of the units), the dispersed and bisecting construction. At least one access road to 5451). nature of these roads and trails, the a power pole also provides vehicular The only nonnative invasive plant numerous trespass trails, the likely access to an A. microcymbus site where species that has been documented increase in nonnative invasive plants plants are being impacted by vehicles impacting Astragalus microcymbus is from road and trail use, and the fact that driving on them. This transmission line cheatgrass or downy brome (Bromus a recreation area was designated on 40 is used recreationally by snowmobile tectorum). Cheatgrass has become percent of the species habitat, we find riders in the winter (BLM 2005a, p. 53). dominant in many sagebrush areas the magnitude of the threat from We do not know if there are any impacts during the last century, primarily from recreation, roads, and trails to be high. to A. microcymbus from these livestock use, agriculture, and wildfire The threat is ongoing with a high snowmobiling activities. Direct impacts impacts (Pickford 1932, p. 165; likelihood that it will continue to seem unlikely from the snowmobiling Piemeisel 1951, p. 71; Peters and increase over time. Given that off-road because the plants are dormant and Bunting 1994, p. 34; Vail 1994, pp. 3– vehicle use in Colorado is increasing 16 under snow when the use is occurring. 4; Brooks and Pyke 2001, pp. 4–6; percent annually, that the population of Compaction to the habitat is a Menakis et al. 2003, p. 284). Cheatgrass Gunnison County is estimated to double possibility. displaces native plants by prolific seed by 2050, and that other recreational Future ROW developments are production, early germination, and impacts also are increasing at a rapid allowed in the South Beaver Creek superior competitive abilities for the pace, we expect a significant increase in ACEC provided that the surface extraction of water and nutrients the threat from recreation, roads, and disturbance does not impair or degrade (Pellant 1996, pp. 3–4; Pyke 2007, pp. trails in the next 40 years. The Hartman Astragalus microcymbus sites (BLM 1–2). Cheatgrass is capable of modifying Rocks Recreation Area’s Management 1993, p. 2.30). The one known utility ecosystems by altering the soil Plan is applicable for 10–15 years from corridor impacts only one A. temperatures and soil water distribution 1995, although there is no definitive microcymbus unit, representing 4 (Pellant 1996, p. 4). In addition, the expiration date (BLM 2005a, p. 7). We percent of the total rangewide area invasion of cheatgrass increases fire are unsure if and when an update is within units. Given the population frequency within the sagebrush planned. The most recent Travel growth in the area, we believe there is ecosystem (see Wildfire below) (Zouhar Management Plan (USFS and BLM a moderate likelihood of additional et al. 2008, p. 41; Miller et al. in press, 2010, entire) for the Gunnison Basin utility corridors in the future. We are p. 39). will have a similar lifespan. During this unaware of any plan to develop other In the mid to late 1980s, cheatgrass time period travel management is not utility corridors through A. was seen in very small patches in the likely to change while we anticipate use microcymbus habitat. Although an Gunnison Basin but can now be found will increase. Based on the above existing utility corridor in A. in some abundance throughout the information, we consider recreation, microcymbus habitat may impact a Basin (BLM 2009a, pp. 7–8). Cheatgrass roads, and trails to be a significant small percentage of the overall range of is increasing in the South Beaver Creek threat to the species now and in the the species, we have no information to drainage and has been identified as a foreseeable future. indicate that utility corridors occur at a major threat to Astragalus microcymbus. level that threatens the species now or This threat assessment was made Utility Corridors in the foreseeable future. because of how cheatgrass is rapidly Utility corridors have similar effects expanding elsewhere in the Gunnison to habitats as roads because both are Nonnative Invasive Plants Basin (BLM 2010, p. 5). Cheatgrass is linear disturbances (see Recreation, Nonnative invasive plants (weeds) moving upslope into A. microcymbus Roads, and Trails above for a review of invade and alter all types of plant areas (BLM 2010, p. 5). In 2009, nine effects). The impact from a utility communities, sometimes resulting in polygons within the South Beaver Creek corridor is greater than its actual nonnative plant monocultures that 1 Unit were discovered with cheatgrass footprint, because utility corridors support little wildlife or native plants. totaling 0.2 ha (0.6 ac) (USFWS 2010b, fragment habitat and facilitate the Many experts believe that, following pp. 16–17). These polygons did not exist invasion of nonnative invasive plants. habitat destruction, nonnative invasive 4 years prior to their discovery We are aware of one large electrical plants are the next greatest threat to (Japuntich 2010f, pers. comm.). In 2010, transmission line in Astragalus biodiversity (Randall 1996, pp. 370– another small site of cheatgrass was microcymbus habitat. The Curecanti to 383). Nonnative invasive plants alter mapped immediately adjacent to the Poncha 230-kilovolt electrical different ecosystem attributes including South Beaver Creek 5 Unit, and a 9-ha transmission line bisects the South geomorphology, fire regime, hydrology, (22-ac) site with cheatgrass was located Beaver Creek 1 Unit and was built in microclimate, nutrient cycling, and 250 m (820 ft) away from the South 1962 (Japuntich 2010e, pers. comm.). A productivity (Dukes and Mooney 2004, Beaver Creek 4 Unit (Japuntich 2010f, 500-foot right-of-way (ROW) (largely not pp. 411–437). Nonnative invasive plants pers. comm.). disturbed) is on both sides of the power can detrimentally affect native plants Herbicide use to control cheatgrass in line (Japuntich 2010e, pers. comm.), through competitive exclusion, altered the South Beaver Creek is limited by the which overlays with about 38 ha (94 ac) pollinator behaviors, niche close proximity of South Beaver Creek, or 10 percent of the South Beaver Creek displacement, hybridization, and because chemical spraying within the 1 Unit and 4 percent of the total area of changes in insect predation. Invasive South Beaver Creek ACEC is not all A. microcymbus units. Only a small grasses can replace native plants such as allowed, and vegetative treatments in proportion of the 500-foot ROW is Astragalus microcymbus by the South Beaver Creek ACEC must not disturbed. We estimate 1.2 km (0.75 mi) outcompeting them for resources, such adversely affect Astragalus of transmission line with at least six as soil nutrients or moisture (Brooks and microcymbus (BLM 1993, p. 2.29; BLM large structures (power poles) within the Pyke 2001, p. 6). Examples are 2010, p. 6). In the spring of 2010, the unit. Given the close proximity of A. widespread among taxa and locations or BLM conducted a mechanical removal

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effort for cheatgrass to protect A. to increase fire frequency, thereby (Hessl and Spackman 1995, pp. 1–90). microcymbus at the South Beaver Creek facilitating further rapid spread. We We do not know what Astragalus 1 Unit at the nine polygons mentioned conclude that cheatgrass invasion is microcymbus’ response to wildfire is at above (BLM 2010, pers. comm.). A currently not a threat but we expect that this time because none of the species’ manual hand-pulling effort in 2010 that the existing invasion will increase habitat has burned. Other Astragalus treated several acres of cheatgrass was quickly in the near future, and will species have demonstrated varying partially successful (Japuntich 2010g, likely cause fire frequency to increase. responses to wildfire (see A. schmolliae pers. comm.). Cheatgrass spread also below; and A. anserinus in 74 FR Wildfire may be affected by climate change (see 46526–46529, September 10, 2009). If Climate Change below). To date, we are aware of only one fire frequency increases in the area, we Other nonnative invasive species recent wildfire near Astragalus expect it would have deleterious effects known from the Hartman Rocks microcymbus habitat (BLM2009a, p. 6). to the habitat, given that big sagebrush Recreation Area include: Canada thistle The wildfire burned in 2007 and was recovers slowly, which would (Cirsium arvense), scentless chamomile 8.1 ha (20 ac) (BLM 2009a, p. 6) in size. presumably affect the ecosystem, and (Matriacaria perforata), yellow toadflax The fire burned at a distance of 2–2.5 cheatgrass tends to thrive after a (Linaria vulgaris), and Russian km (1.25–1.5 mi) away from two A. wildfire. knapweed (Acroptilon repens) (BLM microcymbus units–Henry and Gold We have no information to indicate 2005a, p. 47). These species have not Basin Creek. This wildfire was just that wildfires currently occur at levels been reported from or near Astragalus outside the northwest edge of the that impact the species. No fires have microcymbus areas and are said to have Hartman Rocks Recreation Area, burned Astragalus microcymbus habitat. been controlled (BLM 2005a, p. 47). We adjacent to private land. Three wildfires However, wildfires have occurred in the expect other nonnative invasive species have burned within the sagebrush of the area. Furthermore, we realize there is a are likely in the area. Other nonnative Gunnison Basin in the last 15 years, the strong relationship between cheatgrass invasive species known from the biggest was 200 ha (500 ac) (Japuntich invasions and fire frequency. If Gunnison Resource Area that are 2010h, pers. comm.). To date there has cheatgrass invasion continues to expand reported to take over large areas include: not been a demonstrated change in the as discussed above, the threat of spotted knapweed (Centaurea fire cycle where A. microcymbus is wildfire is likely to increase in the maculosa), oxeye daisy (Leucanthemum found, and fire frequency is low. future. Given the small population size vulgare), and field bindweed A common result of the invasion of of A. microcymbus and the potential (Convolvulus arvensis) (BLM 2009a, p. cheatgrass is an increase in fire damage a wildfire could cause, we 7). The following weeds also are known frequency within the sagebrush consider future wildfires to be a threat from the Gunnison Basin, where they ecosystem (Whisenant 1990, pp. 4–10; to the species. are currently limited in extent; however, D’Antonio and Vitousek 1992, pp. 63– Contour Plowing and Nonnative they are known to cover large expanses 87; Hilty et al. 2004, pp. 89–96; Zouhar Seedings in other parts of western North America: et al. 2008, p. 41; Miller et al. in press, diffuse knapweed (Centaurea diffusa), p. 39). Cheatgrass changes historical fire Areas within the Hartman Rocks and whitetop (Cardaria draba). Other patterns by providing an abundant and Recreation Areas (but largely outside of invasive plant species present within easily ignitable fuel source that the Astragalus microcymbus units) have the Gunnison Basin that are problematic facilitates fire spread. While sagebrush been subject to contour plowing and the yet less likely to overtake large areas is killed by fire and is slow to subsequent seeding of nonnative include: musk thistle (Carduus nutans), reestablish, cheatgrass recovers within species, as well as the development of bull thistle (Cirsium vulgare), black 1–2 years of a fire event (Young and silt and water impoundment structures henbane (Hyoscyamus niger), kochia Evans 1978, p. 285). This annual (BLM 2005a, p. 57), which can destroy (Kochia sp.), common tansy (Tanacetum recovery ultimately leads to a A. microcymbus habitat. Contour vulgare), and absinth wormwood reoccurring fire cycle that prevents plowing is the past practice of plowing (Artemisia biennis) (BLM 2009a, p. 7; sagebrush reestablishment (Eiswerth et across a slope following elevation lines Gunnison Watershed Weed Commission al. 2009, p. 1324). The highly invasive and is commonly done to prevent soil (GWWC) 2009, pp. 4–6). nature of cheatgrass poses increased risk erosion. We are unsure why contour We believe the invasion of nonnative of fire and permanent loss of sagebrush plowing and seeding efforts were invasive plants, particularly cheatgrass, habitat, as areas disturbed by fire are undertaken near A. microcymbus is likely to be a threat to A. highly susceptible to further invasion habitat but expect that erosion control microcymbus in the near future because: and ultimately habitat conversion to an and improving livestock forage may (1) Cheatgrass appears to be quickly altered community state. For example, have been the primary reasons for these expanding into the habitat (it was Link et al. (2006, p. 116) show that risk efforts. We have no site-specific data unknown just 2 years ago and there are of fire increases from approximately 46– regarding these activities, nor do we several cheatgrass sites nearby now); (2) 100 percent when ground cover of know when they occurred. We expect the dry, sparsely-vegetated, south-facing cheatgrass increases from 12–45 percent the contour plowing was done to slopes where A. microcymbus is found or more. While cheatgrass cover is still improve range conditions by are the warmest sites with little very low within Astragalus eliminating sagebrush and increasing competition from other native microcymbus habitat, within the grazing and drought-tolerant grasses for vegetation (Japuntich 2010h, pers. Intermountain West, invasion has forage by livestock. The contour lines comm.) and, therefore, are inherently occurred rapidly, especially after from these efforts can be seen through vulnerable to cheatgrass invasion; (3) wildfire. satellite imagery and occur largely on cheatgrass likely competes with Organisms adapt to disturbances such BLM-managed lands. Within the seedlings and resprouting adult plants as historical wildfire regimes (fire Hartman Rocks Recreation Area, we for water and nutrients; (4) no frequency, intensity, and seasonality) estimate that roughly 18 percent (617 ha landscape-scale successful control with which they have evolved (Landres (1,524 ac)) have been contour plowed. methods are available for cheatgrass; et al. 1999, p. 1180), and different Only 1.2 percent (11 ha (27 ac)) of the and (5) the proven ability of cheatgrass species respond differently to wildfire A. microcymbus units have been

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contour plowed and seeded, all within include the eating of individual plants been reduced by historic excessive the Gold Basin Creek (USFWS 2010b, (included in Factor C below), physical livestock grazing, drought, grazing pp. 18–19). These contoured areas effects from the trampling, and the during the extreme drought years of surround the Gold Basin Creek Unit, but indirect effects of habitat degradation. 1990 through 1992, 2000, and 2001, and there is very little overlap. We are We are unaware of any research or the physical impacts from roads and unsure the impact that these contour monitoring that has evaluated the effects trails (BLM 2005a, p. 56). efforts may have had on A. of livestock, deer, or elk use on Although grazing damage is minimal, microcymbus in the past. We speculate Astragalus microcymbus. However, the all Astragalus microcymbus areas there may have been an impact to the deleterious effects of livestock on receive at least some livestock use. species from these seeding efforts in the western arid ecosystems are well Aside from the Cebolla Creek Unit, all past given that there is very little documented (Milchunas et al. 1992, pp. units on BLM lands are either in the overlap between the Gold Basin Creek 520–531; Jones 2000, pp. 155–164). Gold Basin or Iola grazing allotments Unit and the contoured areas, despite Some of the adverse effects from and are actively grazed by cattle. Those the contoured areas surrounding the livestock include changes in the timing units with private lands also are grazed unit on the east, north and west sides and availability of pollinator food plants on their private portions. In total, 56.1 (USFWS 2010b, p. 19). (Kearns and Inouye 1997, pp. 298–299); percent of the A. microcymbus units fall These contoured areas were seeded changes to insect communities (Kearns within the Gold Basin allotment and with crested wheatgrass (Agropyron and Inouye 1997, pp. 298–299; Debano 43.9 percent fall within the Iola cristatum). Most areas where Astragalus 2006, pp. 2547–2564); damage to allotment, with no ungrazed areas (BLM microcymbus is found do not overlap ground-nesting pollinators and their 2010; USFWS 2010b, pp. 6–7). Within with sites where crested wheatgrass is nests (Sugden 1985, p. 309); changes in the South Beaver Creek ACEC, no found in abundance (USFWS 2010b, pp. water infiltration due to soil compaction additional forage allocations, beyond 18–19). Crested wheatgrass is commonly (Jones 2000, Table 1); disturbance to soil those already authorized for the found outside the contoured areas at the microbiotic crusts (Belnap et al. 1999, p. allotments will be made and domestic Gold Basin Creek and Henry Units 167; Jones 2000, Table 1); subsequent sheep grazing will not be authorized (USFWS 2010, pers. comm.), and we nonnative invasive plant invasions (BLM 2005a, pp. 2–29 to 2–30). assume it has spread into these adjacent (Parker et al. 2006, pp. 1459–1461); and Fences and water developments have native habitats from the contoured soil erosion from hoof action (Jones been constructed within the range of areas. Crested wheatgrass is often used 2000, Table 1). Astragalus microcymbus to help manage for rangeland seedings because seed is livestock grazing activities, increase the widely available, it establishes easily, Without any species-specific research number of livestock that the landscape provides suitable forage for livestock, or monitoring of livestock use, our can support, keep animals in specific provides some erosion control, and understanding of impacts to Astragalus areas, and distribute grazing more controls competition from other microcymbus is limited and evenly on the landscape (BLM 2005a, p. nonnative invasive plants (Walker and observational in nature. Little livestock 12). All of the pastures are fenced, so Shaw 2005, p. 56). Crested wheatgrass is grazing has been recorded within A. the four A. microcymbus units with extremely competitive and can out- microcymbus areas; most plants are multiple pastures or allotments also compete other vegetation in several located on steep slopes with little have fences (Gold Basin Creek, South ways (Pellant and Lysne 2005, pp. 82– vegetation that do not draw cows to Beaver Creek 1, South Beaver Creek 2, 83). Grasses, such as crested wheatgrass, them (BLM 2010, p. 4). We expect that and South Beaver Creek 3). are wind pollinated and, therefore, do the plant was always found primarily on Water developments occur across the not provide resources such as nectar or slopes, but do not know if the current range of Astragalus microcymbus edible pollen for pollinators. distribution has been influenced by (Japuntich 2010i, pers. comm.). One The contour plowings and seedings of increased livestock use in flatter areas. water development is within 300 m (985 crested wheatgrass affect only a small In 2008, after visiting all A. ft) of the Henry Unit: one is within and proportion (1.2 percent) of the microcymbus sites, only one appeared three are just outside the Gold Basin Astragalus microcymbus units. The to have been directly grazed by livestock Creek Unit; and an additional three likelihood of future seedings is low (BLM 2010, p. 5). Several observers have developments are just outside the unit: because vegetative treatments that attributed increased erosion within A. one within the South Beaver Creek 1 would adversely affect A. microcymbus microcymbus sites to cattle use, but this Unit; and one within 400 m (1,312 ft) of are no longer allowed (BLM 1993, p. impact also could be from deer or elk the South Beaver Creek 6 Unit 2.29). Because crested wheatgrass use (CNHP 2010a, pp. 12, 27, 32). (Japuntich 2010i, pers. comm.). Within continues to invade native habitats from Grazing utilization levels were the Henry Unit, several livestock trails these seedings, and because the plowed reportedly low in 1994 but physical run through the A. microcymbus site. areas may not provide good floral damage to A. microcymbus individuals We assume these trails are from resources for pollinators, we find these from trampling at two sites was noted livestock travelling to and from the continuing effects of past contour (Sherwood 1994, pp. 11, 17, 20). In water development 300 m (985 ft) away plowing and nonnative seeding to another review, the authors speculated and expect that similar effects are impact the species but not to the point the periodicity and intensity of grazing occurring from the other water where it poses a threat to the continued may influence the success of A. developments listed above. Water existence of the species. We expect microcymbus by the removal of developments concentrate livestock use crested wheatgrass and pollinator individuals and ground cover, thereby in areas near these developments, and impacts to continue into the foreseeable influencing seedling success (Peterson fence lines often funnel livestock, and future since it does not appear that the et al. 1981, p. 16). Numerous livestock even deer and elk, into certain areas that crested wheatgrass is disappearing. trails, feces, and tracks were found will receive a disproportionate amount within most A. microcymbus sites of use. We do not have further Livestock, Deer, and Elk Use of Habitat visited in 2010 (USFWS 2010, pers. information regarding whether the close Livestock Use—Potential threats comm.). Within the Hartman Rocks proximity of water developments or related to livestock, deer, and elk use Recreation Area, overall plant cover has fence lines is causing increased impacts

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to A. microcymbus habitat, but we plan and grazing system was developed availability to grasses and forbs during expect this is the case because there are for this allotment in 2002. During this the spring melt, affecting the overall several fences running through sites and analysis, grass cover was below composition of the plant community. because livestock grazing is found atop potential, and riparian vegetation was Impacts to Astragalus microcymbus all sites. being consistently grazed to less than 10 habitat from deer and elk are occurring. In addition, salt blocks draw livestock cm (4 in.) (BLM 2009b, pp. 1–2). Again, For example, extensive moderate to (and deer and elk) to the areas where given that damage is occurring at lower severe hedging of shrubs, attributed to they are placed. We know of one than permitted stocking rates and fairly heavy concentrations of wintering instance where a salt block has been shorter than permitted periods of time, big game animals, has been documented placed within an Astragalus the potential for further damage exists. at one A. microcymbus site in the South microcymbus site. This area was Deer and Elk Use—Livestock impacts Beaver Creek 5 Unit (Sherwood 1994, p. extensively trampled, there were fewer to the habitat are similar to those 16). Deer and elk feces can be found at A. microcymbus individuals in impacts to the habitat caused by most A. microcymbus sites (USFWS trampled areas than surrounding excessive deer and elk use (Japuntich et 2010, pers. comm.). Deer and elk use polygons, and those plants that al. in press, pp. 1–15). For example, occurs primarily in the winter when A. remained were located almost Hobbs et al. (1996, pp. 200–217) microcymbus is dormant, which exclusively under shrubs (USFWS 2010, documented a decline in available minimizes some of the direct effects to pers. comm.). Trails to and from the salt perennial grasses as elk densities the plants. However, deer and elk are block were impacting adjacent A. increased. All Astragalus microcymbus more likely to spend time on steeper microcymbus polygons (USFWS 2010, areas are within areas that receive deer slopes than livestock and so may cause pers. comm.). We do not know of any and elk use. Grazing and browsing by more direct trampling impacts to A. protective mechanisms to prevent salt deer and elk occurs primarily during the microcymbus habitat including soils, block placement within A. microcymbus winter months when there is less snow seed banks, and plant communities. sites and expect this may be occurring in the valley than the surrounding hills. Summary of Livestock, Deer, and Elk elsewhere. Deer numbers have seen a strong Use—Describing livestock, deer, and elk The Gold Basin allotment is increase in the Gunnison Basin since use is complicated because the authorized for use between May 16 and 1999 (Gunnison-Crested Butte 2010, p. management of these animals is September 30 each year, but is used 2). A. microcymbus is found within the complicated. Although we lack good from May 25–July 31, the time when Powderhorn Creek Game Management monitoring data, we find livestock, deer, Astragalus microcymbus is growing and Unit (deer). In 2005, this unit had and elk use of Astragalus microcymbus reproducing, in most years (BLM 2010, between 600 and 1,600 more deer than habitat to be a threat to the species. We p. 5). Pastures used by cow/calf pairs its objective of 4,500–5,500 individuals have made this determination based are generally used for 5–15 days a year (Colorado Division of Wildlife (CDOW) upon observations that suggest moderate and those used by yearlings are 2006, p. 3). Since 1980, deer numbers use levels from livestock and heavy deer generally used for 15–30 days each year. within this unit have been as high as and elk use in the winter. Use from Pastures are rested occasionally some 8,000 individuals in 1993 and as low as livestock, deer, and elk is virtually years, although when and how often 4,500 individuals in 1984; and ubiquitous across the range of the this occurs is unknown. The Gold Basin averaging near 7,000 individuals from species, and habitat degradation is allotment is permitted for 4,253 animal 2000 to 2005 (CDOW 2006, p. 3). From occurring, although we recognize that unit months (AUMs) a year but has 1980 to 2000, elk numbers in the Lake these indirect effects to A. microcymbus averaged 1,405 AUMs over the last 6 Fork Managment Unit (where A. habitat are difficult to quantify. years. Approximately 30 percent of the microcymbus is found) rose from 5,600 Authorized AUMs are significantly AUMs are within the pastures where A. individuals to 9,256 individuals; both greater than those currently utilized. If microcymbus units are located (BLM numbers are substantially greater than livestock use were to increase, this 2010, p. 5). In 2007, this allotment was the 3,000–3,500 population objective threat would increase in the foreseeable found to have heavy use in some (CDOW 2001, pp. 3, appendix A). future. The current number of deer and riparian areas and poor herbaceous Currently in the Gunnison Basin, deer elk is above population objectives, and cover in the lowest elevation uplands, and elk populations have 8,000 more past fluctuations suggest that more where A. microcymbus would be found. individuals than the desired population animals are a possibility, which would These results were attributed to historic objectives (Japuntich et al. in press, p. also increase this threat in the vegetation manipulation and livestock 4). foreseeable future. In addition, the grazing practices (BLM 2009b, pp. 1–2). Excessive but localized deer and elk accompanying habitat degradation with Given that damage is occurring at lower grazing has been documented in the livestock, deer, and elk use makes this than permitted stocking rates and Gunnison Basin (BLM 2005b, pp. 17– an increasing threat especially in light shorter than permitted periods of time, 18). For example, drought and big game of the cheatgrass invasion. the potential for further damage exists. were having large impacts on the The Iola allotment is authorized for survivability and size of high-protein Mining; Oil and Gas Leasing use between May 15 and November 14 shrubs including mountain mahogany The South Beaver Creek ACEC has each year, but is used from late May/ (Cercocarpus utahensis), bitterbrush one active lode claim and one active early June (sometimes late June/early (Pushia tridentata), and serviceberry placer claim for mining. Lode claims are July) generally 15–20 days in most years (Amelanchier alnifolia) in the Gunnison those which generally follow some (BLM 2009b, pp. 1–2; BLM 2010, p. 5). Basin (Japuntich et al. in press, pp. 7– deposited vein while placer mining is These times again coincide with the 9). These shrub species are not the most everything else and can include sand time when Astragalus microcymbus is common within A. microcymbus habitat and gravel deposits. One of these active growing and reproducing. The permittee but are generally found nearby. These claims is within the Gold Basin Creek is authorized up to 1,258 AUMs in the authors raised concerns that observed Unit, and the other is nearby. Neither of pasture, but has used an average of 250 reductions in shrub size and vigor will these claims have Notices of Intent or AUMs for the last 6 years (BLM 2010, reduce drifting snow accumulation Plans of Operation that are required for p. 5). A new allotment management resulting in decreased moisture most disturbances (BLM 2010, pp. 5–6).

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On active claims, Notices of Intent are century were very likely higher than (July through September) 2.8 °C (5.0 °F), required for disturbances less than 2 ha during any other 50-year period in the fall (October through December) 2.2 °C (5 ac) at least 15 days prior to last 500 years and likely the highest in (4.0 °F), winter (January through March) commencement of operation. A Plan of at least the past 1,300 years (IPCC 2007, 2.3 °C (4.1 °F), and spring (April Operation, required for disturbances p. 30). Over the past 50 years, cold days, through June) 2.5 °C (4.5 °F) (University greater than 2 ha (5 ac), requires NEPA cold nights, and frosts have become less Corporation of Atmospheric Research compliance and can take between 30 frequent over most land areas, and hot (UCAR) 2009, pp. 1–14). This increase and 90 days to process. The transfer of days and hot nights have become more in temperature could be problematic for these mineral claims to private entities frequent. Heat waves have become more A. microcymbus because the species is is prohibited within the South Beaver frequent over most land areas, and the negatively affected by warm Creek ACEC (BLM 1993, p. 2–29). A frequency of heavy precipitation events temperatures during May and July (DBG large gravel pit is at the northwest has increased over most areas (IPCC 2010a, p. 6). corner of the Hartman Rocks Recreation 2007, p. 30). For the southwestern Annual mean precipitation Area on BLM lands and is within 1.6 km region of the United States, including projections for Colorado are unclear; (1 mi) of the Henry and Gold Basin western Colorado, warming is occurring however, multi-model averages show a Creek Units. Because of this distance, more rapidly than elsewhere in the shift toward increased winter we expect there are probably no effects country (Karl et al. 2009, p. 129). precipitation and decreased spring and to A. microcymbus from this gravel Annual average temperature in west- summer precipitation by the end of the operation. A gravel pit was said to be on central Colorado increased 3.6 °C (2 °F) century (Ray et al. 2008, p. 34; Karl et private lands at the Beaver Creek over the past 30 years, but high al. 2009, p. 30). Similarly, the National Southeast Unit, but we have no further variability in annual precipitation Center for Atmospheric Research results information and, based on our maps, do precludes the detection of long-term show the highest probability of a 7.5 not make a similar conclusion trends (Ray et al. 2008, p. 5). At one percent increase in average winter (Sherwood 1994, p. 15). weather station in Gunnison, Colorado, (January through March) precipitation, No lands for oil and gas development temperature has increased roughly 1.8 an 11.4 percent decrease in average have been leased by the BLM within the °C (1 °F) since 1900 (WRCC 2010c, pp. spring (April through June) Gunnison Basin area (USFS and BLM 1–9). precipitation, a 2.1 percent decrease in 2010, pp. 272–273). All habitats where Future projections for the average summer (July through Astragalus microcymbus is currently southwestern United States, including September) precipitation, and a 1.3 found are mapped as having no the Gunnison Basin, show increased percent increase in average fall potential for oil and gas development probability of drought (Karl et al. 2009, precipitation with an overall very slight (Gunnison Sage-Grouse Resource pp. 129–134). Additionally, the number decrease in 2050 (UCAR 2009, pp. 1– Steering Committee 2005, p. 130). of days over 32 °C (90 °F) could double 14). Seasonal trends from the past 100 Despite this lack of potential, the entire by the end of the century (Karl et al. years at a local weather station do not Federal oil, gas, and geothermal estates 2009, p. 34). Annual temperature is yet match this scenario, and overall in the South Beaver Creek ACEC are predicted to increase approximately 2.2 precipitation has declined by roughly 2 open to leasing but with a controlled °C (4 °F) in the southwest by 2050, with cm (0.75 in.) or 10 percent (WRCC surface use stipulation (BLM 1993, pp. summers warming more than winters 2010a, pp. 1–8). This actual data is in 2.29, K.5). This stipulation requires that (Ray et al. 2008, p. 29). Projections also contrast to regional maps that show inventories be conducted prior to the show declines in snowpack across the precipitation has increased roughly 5 approval of operations and relocations West with the most dramatic declines at percent from 1958 to 2008 within the of operations. These inventories will be lower elevations (below 2,500 m (8,200 general area where Astragalus used to prepare mitigative measures to ft)) (Ray et al. 2008, p. 29). Overall, microcymbus resides (Karl et al. 2009, reduce the impacts of surface future projections for the Southwest p. 30). A. microcymbus responds disturbance to the species (BLM 1993, p. predict increased temperatures, more negatively to declines in overall K.5). intense and longer-lasting heat waves, precipitation and periods of drought, as Given that there are only two existing an increased probability of drought that well as declines in spring precipitation active mining claims (but without are worsened by higher temperatures, (May and July) (DBG 2010a, p. 6). Given current activity) within Astragalus heavier downpours, increased flooding, the observed decline in precipitation at microcymbus units and that there is no and increased erosion (Karl et al. 2009, a local weather station, predictions of potential for oil and gas development in pp. 129–134). increased drought, and a predicted the area, we do not consider mining or Colorado’s complex, mountainous significant decline in spring oil and gas leases to threaten the species topography results in a high degree of precipitation, we expect A. at this time nor do we expect these spatial variability across the State. As a microcymbus will be affected negatively factors to pose a threat to the species in result, localized climate projections are by climate change effects to the foreseeable future. problematic for mountainous areas precipitation. because current global climate models Climate change is likely to alter fire Climate Change are unable to capture this variability at frequency, community assemblages, and According to the Intergovernmental local or regional scales (Ray et al. 2008, the ability of nonnative species to Panel on Climate Change (IPCC), pp. 7, 20). To obtain climate projections proliferate. Increasing temperature as ‘‘Warming of the climate system in specific to the range of Astragalus well as changes in the timing and recent decades is unequivocal, as is now microcymbus, we used a statistically amount of precipitation will alter the evident from observations of increases downscaled model from the National competitive advantage among plant in global average air and ocean Center for Atmospheric Research for a species (Miller et al. in press, p. 44), and temperatures, widespread melting of region covering western Colorado. The may shift individual species and snow and ice, and rising global sea resulting projections indicate that ecosystem distributions (Bachelet et al. level’’ (IPCC 2007, p. 1). Average temperature could increase an average 2001, p. 174). Dominant plant species Northern Hemisphere temperatures of 2.5 °C (4.5 °F) by 2050 with the such as big sagebrush have a during the second half of the 20th following seasonal increases: summer disproportionate control over resources

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in ecosystems (Prevey et al. 2009, p. 1). predicted increases in spring impacted by agricultural or urban For sagebrush communities, spring and temperature, increased drought, and development because of its more limited summer precipitation comprises the decreased spring precipitation will extent. majority of the moisture available to affect A. microcymbus negatively. However, the aforementioned type of species; thus, the interaction between Climate change has the potential to fragmentation leads to habitat reduced precipitation in the spring- change the plant community, allow degradation. Habitat degradation, the summer growing season and increased cheatgrass to increase, and potentially gradual deterioration of habitat quality, summer temperatures will likely increase the risk of wildfire, which can lead to a species decline, decrease, decrease growth of big sagebrush and would likely have a negative effect to A. or loss of reproductive ability. Habitat could result in a significant long-term microcymbus. It is difficult to assess the degradation may be difficult to detect reduction in the distribution and threat of climate change to A. because it takes place over a long time composition of sagebrush communities microcymbus given the uncertainties period, and species with long life-cycles (Miller et al. in press, pp. 41–45). In the associated with future projections. may continue to be present in an area Gunnison Basin, increased summer However, based on the best available even if they are unable to breed (Fisher temperature was strongly correlated information on climate change and Lindenmayer 2007, pp. 268–269). with reduced growth of big sagebrush projections into the next 40 years, we In the case of Astragalus (Poore et al. 2009, p. 558). Although we find climate change to be a threat to A. microcymbus, habitat degradation is do not fully understand how changes in microcymbus based on how predicted coming from multiple sources: plant communities will affect changes could negatively influence the Development; recreation, roads, and Astragalus microcymbus, we expect that species. We recognize there are many trails; utility corridors; nonnative a decrease in the dominant plant species uncertainties, and projections further invasive plants; contour plowing and will not be a benefit because it could into the future become even more nonnative seedings; and accentuated by drastically alter the way the ecosystem uncertain, making it even more difficult periodic drought. In addition, wildfire functions where A. microcymbus to predict how climate change might and climate change will likely resides. In addition, changes in the affect the species. contribute to further habitat plant community could likely influence Habitat Fragmentation and Degradation degradation. Detailed monitoring is wildfire frequency and erosion rates. needed to detect population changes Temperature increases may increase Habitat fragmentation can have and signal the need to implement the competitive advantage of cheatgrass negative effects on biological conservation measures that could in higher elevation areas where it is populations. Often fragments are not of counteract habitat degradation, but this currently limited (Miller et al. in press, sufficient size to support the natural monitoring has not been done for A. p. 47), like the Gunnison Basin. diversity prevalent in an area and so microcymbus. Decreased summer precipitation, as exhibit a decline in biodiversity (Noss predicted in the model, reduces the and Cooperrider 1994, pp. 50–54). Habitat fragmentation and habitat competitive advantage of summer Habitat fragments are often functionally degradation is occurring as a result of perennial grasses, reduces sagebrush smaller than they appear because edge multiple sources including virtually all cover, and subsequently increases the effects (such as increased nonnative the threats and factors previously likelihood of cheatgrass invasion species or wind speeds) impact the described in this document. As a result, (Prevey et al. 2009, pp. 1–13). This available habitat within the fragment we find habitat degradation to be a impact could increase the susceptibility (Lienert and Fischer 2003, p. 597). threat to Astragalus microcymbus. of areas within Astragalus Habitat fragmentation has been shown Habitat fragmentation is currently a microcymbus’ range to cheatgrass to disrupt plant-pollinator interactions lesser threat, but because it is so tightly invasion (Bradley 2009, p. 204). In and predator-prey interactions (Steffan- linked with habitat degradation, we addition, cheatgrass and other C3 Dewenter and Tscharntke 1999, pp. have treated them jointly. grasses (C3 refers to one of three 432–440), alter seed germination Summary of Factor A alternative photosynthetic pathways) percentages (Menges 1991, pp. 158– are likely to thrive as atmospheric 164), and result in low fruit set The biggest habitat-related threats to carbon dioxide increases (Mayeux et al. (Cunningham 2000, pp. 1149–1152). Astragalus microcymbus are recreation 1994, p. 98). An increase in cheatgrass Extensive habitat fragmentation can (including roads and trails); the would likely increase wildfire result in dramatic fluxes in available potential for increases in nonnative frequency. See Nonnative Invasive solar radiation, water, and nutrients invasive plants (especially cheatgrass); Plants above for a discussion of (Saunders et al. 1991, pp. 18–32). potential residential and urban cheatgrass and effects to A. Fragmentation within Astragalus development; livestock, deer, and elk microcymbus. microcymbus habitat is largely from use; and potential effects from climate Climate change predictions are based linear features such as roads and utility change. In addition, the habitat on models with assumptions, and are corridors (see Recreation, Roads, and degradation and fragmentation not absolute. In addition, we do not Trails and Utility Corridors above) that occurring from these stressors threatens fully understand how climate change are pervasive at every A. microcymbus A. microcymbus. will affect the species or the habitat in unit except the South Beaver Creek 4 Recreational impacts are not likely to which it resides. These factors make it Unit. In addition, past contour plowings lessen given the close proximity of difficult to predict the effects of climate and subsequent seeding efforts have Astragalus microcymbus to the town of change to Astragalus microcymbus. created blocks of altered and degraded Gunnison and the increasing popularity However, endemic species with limited habitat around A. microcymbus units of mountain biking, motorcycling, and ranges that are adapted to localized that may affect the overall plant all-terrain vehicles. The fact that the conditions, like A. microcymbus, are community, nonnative invasive plants, Hartman Rocks Recreation Area was expected to be more severely impacted and pollinator habitat and resources. designated on 40 percent of the A. by climate change (Midgley et al. 2002, This type of fragmentation does not microcymbus units will only serve to p. 448) than those considered habitat carry the same negative consequences as draw more users, and there is little generalists. Furthermore, we expect the that of more highly fragmented habitats enforcement to control trespass use.

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Accordingly, we find the threat from future. Because of the low potential for graze on A. microcymbus (Japuntich recreation, roads, and trails to be high. oil and gas development and because 2010j, pers. comm.). Mice and voles also Although the impacts from nonnative there are only two other active mining have been implicated as herbivores invasive plants, and particularly claims within the species’ range, we do (Sherwood 1994, p. 11). Rabbits are cheatgrass, are low right now, we expect not find that these factors are threats to generally considered the primary this factor to increase to the level of a the species. herbivores of A. microcymbus, and serious threat in the near future. Based on threats from recreation; the numerous observers have suggested they Cheatgrass is increasing in the South potential for increases in nonnative are in abundance within A. Beaver Creek drainage and has been invasive plants; potential residential microcymbus habitat (Lyon 1990, p. 2; identified as a major threat to Astragalus and urban development; livestock, deer, Dyer 1993, p. 2; Japuntich 2010j, pers. microcymbus (BLM 2010, p. 5). In the and elk use; and potential effects from comm.). mid to late 1980s, cheatgrass was seen climate change, we find that Astragalus The information we have regarding in very small patches in the Gunnison microcymbus is threatened by the rabbit herbivory is mostly anecdotal in Basin but can now be found in some present or threatened destruction, nature; however, taken in sum, we abundance throughout the Basin (BLM modification, or curtailment of its believe this information leads to a 2009a, pp. 7–8). A. microcymbus is habitat or range now and these threats conclusion that rabbit herbivory impacts found on warm, sparsely vegetated, and are expected to continue or increase in Astragalus microcymbus in years with dry, south-facing slopes, which in the the foreseeable future. high rabbit populations. During one Gunnison Basin, are probably more survey effort, observers found six rabbits Factor B. Overutilization for vulnerable to cheatgrass invasion. We in one of the draws they visited (Lyon Commercial, Recreational, Scientific, or know that cheatgrass is already invading 1990, p. 5), and another observer visited A. microcymbus sites. Cheatgrass has Educational Purposes 10 A. microcymbus sites in a day and transformed millions of acres into We are not aware of any threats said that rabbit damage was heavy at monocultures in the Great Basin and has involving the overutilization or nine of those sites (Dyer 1993, p. 2). dramatically shortened the wildfire collection of Astragalus microcymbus Several observers have suggested that return interval. We believe the potential for any commercial, recreational, rabbit herbivory can result in the death exists for a similar conversion in A. scientific, or educational purposes at of Astragalus microcymbus. One microcymbus habitat. Although we find this time. A. microcymbus is not observer suggested that 2 years of heavy the current invasion of cheatgrass into particularly showy or of horticultural rabbit use was more than A. A. microcymbus habitat to be small and significance; therefore, we do not expect microcymbus could tolerate because of possess little threat, because of the high any overutilization in the foreseeable all the dead plants they encountered in potential for further invasion, we find future. We find that overutilization for a heavy rabbit year (Lyon 1990, p. 5). the overall threat is increasing. commercial, recreational, scientific, or Those plants that were not dead had It is difficult to assess the impact of educational purposes is not a threat to only a few green leaves, again attributed climate change to Astragalus A. microcymbus now or expected to to rabbit herbivory (Lyon 1990, p. 2). microcymbus, but we believe climate become so in the foreseeable future. After 2 years of consecutive transect change may be a future threat given the counts at a site another observer stated predictions of increased springtime Factor C. Disease or Predation that many plants had died and temperatures, decreased springtime Astragalus microcymbus is subject to attributed that death to overuse by precipitation, and increased drought. extensive herbivory, primarily from rabbits (Sherwood 1994, p. 10). Because a quarter of the Astragalus small mammals (Lyon 1990, pp. 2, 5; Observations of small mammal microcymbus units occur on private Dyer 1993, p. 2; Sherwood 1994, pp. 10– herbivory being a significant impact to land, and given the rapid pace of 11; Japuntich 2010j, pers. comm.; DBG the species occurs across the years development in the Gunnison Basin, we 2010a, pp. 6–7). On average, 26 percent (USFWS 2010a, pp. 1–4). believe residential and urban of the plants have evidence of herbivory Rabbit and small mammal development represent a moderate (ranging from 13 to 74 percent at a given populations fluctuate widely threat to A. microcymbus. Given that plot) (DBG 2010a, p. 6). Browsing on the (Korpima¨ki and Krebs 1996, pp. 754– livestock, deer, and elk use occurs plants is very evident and in some areas, 764; Hanski et al. 2001, pp. 1501–1520). across the range of A. microcymbus, that it is hard to find an A. microcymbus We have little information on how small A. microcymbus individuals are being individual that has not had at least some mammal populations have changed lost from this use, and that this use is portion eaten (Japuntich 2010j, pers. within the range of Astragalus causing habitat degradation that could comm.). Some species of Astragalus are microcymbus over time, but the facilitate the spread of cheatgrass, we notoriously toxic to livestock, and variability in observations from year to find this threat to be moderate. presumably deer and elk. Often these year and between sites suggest there are We find the potential impact of future toxic species are avoided by grazers and significant fluctuations and spatial wildfire to be a threat to the species and browsers. However, the high level of variations. For example in 1990, local recognize that wildfire risk may increase small mammal herbivory to A. authorities and those surveying for A. with further cheatgrass invasion. We do microcymbus plants suggests the species microcymbus stated the rabbit not find utility corridors to be a threat is not overly toxic. We do not know if population was very large compared because they currently impact only 4 this toxicity would vary between with other years; this year, herbivory of percent of the A. microcymbus units and livestock and rabbits. A. microcymbus was repeatedly we do not know of any further utility observed (Lyon 1990, p. 2). corridor plans. We do not find the Small Mammal Herbivory Observations suggest that small continuing effects from past contour Most herbivory of Astragalus mammal herbivory is impacting A. plowings and nonnative seedings to be microcymbus individuals is attributed microcymbus, especially during years a threat because the existing plowings to small mammals. Cottontail rabbits when small mammal populations are only impact 1.2 percent of the A. (Sylvilagus audobonii), small high. microcymbus units and we do not chipmunks (Tamias sp.), and ground Fencing to exclude small mammals expect these treatments to occur in the squirrels (Citellus lateralis and others) was installed at monitoring plots in

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2006 and 2007 (DBG 2010a, p. 6). After microcymbus individuals as opposed to documented with insect webs within 2 years, the plants protected by fences habitat degradation. We have little Gold Basin Creek Unit (Sherwood 1994, were statistically longer at 31.4 cm (12.4 information on the impacts of deer and p. 7). Insect herbivory was measured as in.) than those outside the fence, which elk herbivory to A. microcymbus. Much part of the life-history monitoring study. were 19.5 cm (7.7 in.) (DBG 2010a, p. 6). of the deer and elk use of A. This study found no significant effects This difference could be related to a microcymbus habitat occurs during from insect herbivory on flowering decrease in herbivory or increased winter after the plants are no longer individuals (DBG 2010a, p. 6). moisture (from additional snow growing, thereby not affecting the Therefore, we find that insect herbivory accumulations within the fence from plants, unless they are pulled up by the does not constitute a threat to A. wind loading) within the exclosures, or roots, which we assume would happen microcymbus now or in the foreseeable a combination of the two. In addition, infrequently. One observer stated that future. mammal herbivory was less within the the previous year’s dried stalks of larger fenced areas, more individuals flowered A. microcymbus plants showed almost Disease within fenced areas, and more total fruit universal use, and attributed this to A fungus has been documented on was produced per plant within fenced wintering big game (Sherwood 1994, p. less than 10 percent of the Astragalus areas (DBG 2010a, p. 7). A weak 17). microcymbus individuals at one statistical correlation was found Although deer and elk use is high monitoring transect (Sherwood 1994, p. between nonreproductive plants and within Astragalus microcymbus habitat 11). No other instances of disease are evidence of mammalian browsing across (see Deer and Elk Use above), most of known. Therefore, we find that disease all plots (DBG 2010a, p. 6). Although we the use occurs in the winter when A. does not constitute a threat to A. do not understand how small mammal microcymbus is dormant. We expect the microcymbus now or in the foreseeable populations have changed over time, effects of winter use to be minimal future. these impacts to fruit set are significant. since, once dried, the previous year’s Furthermore, these impacts are growth is not important to an individual Summary of Factor C consistent with other observations of plant’s success. We expect that some Various herbivores have been herbivory does occur since deer and elk small mammal herbivory (USFWS documented at Astragalus microcymbus will sometimes visit during the growing 2010a, pp. 1–4). sites. Small mammal herbivory, Rabbit herbivory has been season. Because most use occurs in the especially from rabbits, has been documented at several Astragalus winter when herbivory would not documented at fairly high levels, and microcymbus units, including Gold impact A. microcymbus, we do not appears to be the only type of herbivory Basin Creek, South Beaver Creek 1, consider deer and elk herbivory to be a that is impacting the species at a low to South Beaver Creek 2, and South Beaver threat now or in the foreseeable future. moderate level. Exclusion research has Creek 3 (USFWS 2010a, pp. 1–4). Livestock Herbivory found that small mammal herbivory was Conversely, at several of the more less, more individuals flowered, and isolated A. microcymbus units, Henry Livestock use may cause local and South Beaver Creek 4, observers degradation of habitats (see ‘‘Livestock, there were more total fruits within specifically mention the lack of rabbit Deer, and Elk Use of Habitat’’ above for fenced areas (DBG 2010a, p. 7). We herbivory relative to other areas a more thorough discussion). Here we expect small mammal herbivory to (USFWS 2010a, pp. 1–4). address the actual eating of Astragalus continue into the foreseeable future and We are unsure of the long-term impact microcymbus individuals as opposed to fluctuate with small mammal to Astragalus microcymbus over time habitat degradation. Observations on populations. We do not believe that deer from small mammal herbivory. Small direct grazing impacts to Astragalus and elk herbivory, livestock herbivory, mammal herbivory is significantly microcymbus vary. Heil and Porter and insect herbivory constitute threats impacting seed set of A. microcymbus. (1990, p. 21) state that grazing animals because they are only occasionally or Fewer seeds mean fewer opportunities are known to occasionally use this minorly affecting A. microcymbus and for seedling and adult recruitment. In species as a forage plant. One observer are not expected to increase into the addition, small mammal herbivory reported the plant shows some foreseeable future. Finally, we do not occurs at most sites across the range of resistance to grazing (CNHP 2010a, pp. consider disease to be a threat because the species, and recent observations 5–6). Livestock presence is reportedly it is so rare. However, we do find that indicate that damage to plants is heavy. rare on the steeper slopes where A. Astragalus microcymbus is threatened We have no information to either microcymbus resides (BLM 2010, p. 4). by predation now and these threats are support or refute that rabbit herbivory We believe we have seen herbivory of expected to continue or increase in the levels are higher than historic levels; individuals in areas near salt licks, foreseeable future. however, in light of other factors although we cannot be sure this was not Factor D. Inadequacy of Existing affecting the species and the limited small mammal herbivory (USFWS 2010, Regulatory Mechanisms range and small population level, pers. comm.). Therefore, we do not impacts to A. microcymbus from consider the livestock herbivory to be a Under this factor, we examine herbivory can be large in years of high threat to the species now or in the whether threats to Astragalus rabbit populations. Given this, we find foreseeable future. microcymbus are adequately addressed small mammal herbivory to be a threat by existing regulatory mechanisms. Insect Herbivory to the species. Existing regulatory mechanisms that Grasshoppers (Orthopterans in the could provide some protection for A. Deer and Elk Herbivory Acrididae and Tettigoniidae families) microcymbus include: (1) Local land use Like livestock use, overgrazing by have been implicated as herbivores of laws, processes, and ordinances; (2) deer and elk may cause local Astragalus microcymbus (Dyer 1993, p. State laws and regulations; and (3) degradation of habitats (see ‘‘Livestock, 2). Aphids have been documented on Federal laws and regulations. Deer, and Elk Use of Habitat’’ above for the plants at one A. microcymbus site Regulatory mechanisms, if they exist, a more thorough discussion). Here we (CNHP 2010a, p. 22). A small number of may preclude listing if such address the actual eating of Astragalus A. microcymbus individuals have been mechanisms are judged to adequately

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address the threat to the species such Activity Plan for the property, and Astragalus microcymbus is included that listing is not warranted. provide a periodic report on the on the Colorado BLM’s sensitive species An example of a regulatory condition of the property (CNAP 1997, list (BLM 2009c, p. 3). The management mechanism is the terms and conditions p. 3). In essence, this designation allows guidance afforded sensitive species attached to a grazing permit that the Colorado Natural Areas Program to under BLM Manual 6840—Special describe how a permittee will manage assist the BLM with its management. Status Species Management (BLM 2008) livestock on a BLM allotment. They are The Colorado Natural Areas Program states that ‘‘Bureau sensitive species will nondiscretionary and enforceable, and has not been actively monitoring be managed consistent with species and would be considered a regulatory Astragalus microcymbus at the South habitat management objectives in land mechanism under this analysis. Other Beaver Creek Natural Area. Therefore, use and implementation plans to examples include city or county this designation has, to-date, afforded promote their conservation and to ordinances, State governmental actions little protection to the species. Given minimize the likelihood and need for enforced under State statute regulations, that the Colorado Natural Areas Program listing under the ESA’’ (BLM 2008, p. or Federal action under statute or is increasing its conservation efforts, we .05V). The BLM Manual 6840 further regulation. Actions adopted by local expect the Natural Areas Program to requires that Resource Management groups, States, or Federal entities that become more active in the conservation Plans (RMPs) should address sensitive are discretionary or are not enforceable, of A. microcymbus in the future but species, and that implementation including conservation strategies and have no way of predicting what this will ‘‘should consider all site-specific guidance, are typically not regulatory mean to the species. methods and procedures needed to mechanisms. In this section we review The State of Colorado requires private bring species and their habitats to the actions undertaken by local, State, and landowners to control noxious condition under which management Federal entities designed to reduce or (nonnative invasive) weeds. Plants under the Bureau sensitive species remove threats to Astragalus considered noxious by the State of policies would no longer be necessary’’ microcymbus and its habitat. Colorado that are within or near (BLM 2008, p. 2A1). A. microcymbus Astragalus microcymbus’ habitat has received some protections because Local Land Use Laws and Ordinances include: Cheatgrass (List C), Canada of its sensitive status, including the We are aware of no local land use thistle (Cirsium arvense—List B), establishment of the South Beaver Creek laws or ordinances that offer protection scentless chamomile (Matriacaria ACEC and limited money for survey and to Astragalus microcymbus. Neither the perforata—List B), yellow toadflax monitoring efforts. However, part of this city of Gunnison nor the counties of (Linaria vulgaris—List B), and Russian ACEC is overlapped by the Hartman Gunnison or Saguache have guidelines, knapweed (Acroptilon repens—List B) Rocks Recreation Area, which is zoning, or other mechanisms to protect (Colorado Department of Agriculture resulting in some habitat loss, the species. [CDA] 2010, pp. 2–3). List B species are fragmentation, and degradation. State Laws and Regulations noxious weeds for which management The Federal Land Policy and plans are or will be developed and Management Act of 1976 mandates No State regulations in Colorado implemented to stop their spread (CDA Federal land managers to develop and protect Astragalus microcymbus. The 2010, p. 2). List C species are noxious revise land use plans. The RMPs are the State of Colorado has no laws protecting weeds for which management plans are basis for all actions and authorizations any rare plant species. Plants also are or will be developed and implemented involving BLM-administered lands and not included in the Colorado Wildlife to provide additional education, resources. They establish allowable Action Plan and do not qualify for research, and biological control resource uses, resource condition goals funding under State Wildlife Grants. resources but for which the continued and objectives to be attained, program The State of Colorado’s Natural Areas spread will not be halted (CDA 2010, p. constraints and general management Program works to protect special 2). We have no information on how the practices needed to attain the goals and resources in the State, although there noxious weed law is being implemented objectives, general implementation are no regulatory enforcement within the range of A. microcymbus. We sequences, and intervals and standards mechanisms associated with the do know that the Gunnison Watershed for monitoring and evaluating the plan program. In 1997, the Colorado Natural Weed Commission has been actively to determine its effectiveness and the Areas Program designated the South working to control and eradicate need for amendment or revision (43 CFR Beaver Creek Natural Area (CNAP 1997, noxious weeds in Gunnison County but 1601.0–5(k)). pp. 1–7). The South Beaver Creek we have few specifics from this work The RMPs provide a framework and Natural Area was designated for all (GWWC 2010, pp. 1–8). Therefore, we programmatic guidance for activity areas within the South Beaver Creek cannot assess the benefits to A. plans, which are site-specific plans ACEC (CNAP 1997, p. 7). The Colorado microcymbus. written to implement the RMP. Natural Areas Program provides a Deer and elk populations are managed Examples of activity plans include means by which Colorado’s natural by the CDOW. We have no information Allotment Management Plans that features and ecological phenomena can to suggest that deer and elk use is being address livestock grazing, or other be identified, evaluated, and protected regulated to ensure Astragalus activity plans for oil and gas field through a statewide system of natural microcymbus and its habitat is not development, travel management, and areas (CNAP 1997, p. 1). The purpose of impacted by this use. wildlife habitat management. Activity the South Beaver Creek Natural Area is plan decisions normally require to protect Astragalus microcymbus Federal Laws and Regulations additional planning and National (CNAP 1997, p. 2). The BLM has promulgated Environmental Policy Act (NEPA) Through this designation, the regulations, policies, and guidelines to analysis. The Gunnison Resource Area’s Colorado Natural Areas Program staff is protect sensitive species on Federal RMP represents an enforceable entitled to visit the area at anytime and lands, control wildfire and rehabilitate regulatory mechanism. A. microcymbus convey the results of these visits to the burned areas, and implement rangeland is not specifically protected in areas BLM, cooperate with the BLM on assessments, standards, and guidelines outside the South Beaver Creek ACEC updating the Resource Management to assess rangeland health. within the RMP but is protected by the

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Special Status Species Management in place for the next RMP, but cannot percent of the A. microcymbus units guidance and general RMP guidance for predict if additional protections for (BLM 1993, pp. 2.29–2.30). The South the management of special status plants Astragalus microcymbus will be Beaver Creek ACEC was designated (BLM 1992, pp. 1–13; 1993, p. 2.4). developed. specifically to protect and enhance Public scoping for the next RMP for the As discussed above in Recreation, existing A. microcymbus populations Gunnison Resource Area is estimated to Roads, and Trails, Astragalus and habitat. Actions outlined for the begin in 2010 (Japuntich 2010d, pers. microcymbus was included in the South Beaver Creek ACEC, and their comm.). We expect that existing Gunnison Resource District’s RMP when implementation, are included in Table 5 protections for the species will remain the South Beaver Creek ACEC was below. designated. This area encompasses 60

TABLE 5—ACTIONS IDENTIFIED, WITH NOTES ON IMPLEMENTATION, FOR Astragalus microcymbus IN THE SOUTH BEAVER CREEK ACEC IN THE 1993 GUNNISON RESOURCE AREA’S RMP

Action Implementation

Monitoring to determine population trends ...... Being done regularly at 4 plots by DBG & intermittently at 4 plots by BLM Actions to improve habitat conditions ...... Few—2 trail closures, 1 reroute, cheatgrass control efforts Minimization of surface disturbing conditions to protect species & its Some control of vehicles habitat. Development of management plan for Astragalus microcymbus ...... Not implemented No chemical spraying ...... Likely implemented No vegetative treatments ...... Implemented No additional forage allocations ...... Unknown, especially as related to deer & elk Controlled surface use stipulation ...... Implemented No conflicting erosion control measures ...... Implemented, unsure about water bars No domestic sheep grazing ...... Implemented Limit motorized vehicular traffic to designated routes ...... Implemented although enforcement is problematic Public lands with A. microcymbus will not be disposed ...... Implemented Acquisition of non-Federal lands if available ...... Not implemented ROW permitted without direct impacts to A. microcymbus ...... Implemented Wildfire suppression ...... No wildfires to-date

The South Beaver Creek ACEC has significant progress toward being impacting Astragalus microcymbus and resulted in some protections for restored or maintained for BLM special its habitat. The BLM has no research or Astragalus microcymbus, specifically: status species (43 CFR 4180.1(d)). The monitoring that specifically addresses Monitoring, two surveys, two trail State or regional standards for grazing the impacts to A. microcymbus or its closures, one trail reroute, and some administration must address habitat for habitat and the effects from ubiquitous restrictions to herbicide use and endangered, threatened, proposed, livestock use. In addition, there is no livestock grazing. These protections are candidate, or special status species, and research or monitoring that addresses an improvement over more generally habitat quality for native plant and how deer and elk utilization is being managed BLM lands. However, 70 animal populations and communities jointly considered (with livestock use) percent of the South Beaver Creek ACEC (43 CFR 4180.2(d)(4) and (5)). The within the range of A. microcymbus. is within the Hartman Rocks Recreation guidelines must address restoring, Therefore, we find the management of Area, even though the South Beaver maintaining, or enhancing habitats of livestock, deer, and elk to be similar to Creek ACEC was developed at least 8 BLM special status species to promote our assessment of ‘‘Livestock, Deer, and years prior to the Hartman Rocks their conservation, as well as Elk Use of Habitat’’ above and a threat Recreation Area (BLM 2005a, p. 44). maintaining or promoting the physical to the species. Numerous trails are also designated and biological conditions to sustain As discussed in ‘‘Recreation, Roads, through A. microcymbus units (see native populations and communities (43 and Trails’’ in Factor A above, based on Recreation, Roads, and Trails above). CFR 4180.2(e)(9) and (10). The BLM is the combination of the documented The designation of this Recreation Area required to take appropriate action not impacts resulting from recreational overlaying A. microcymbus later than the start of the next grazing activities atop Astragalus microcymbus demonstrates that these ACEC year upon determining that existing and its habitat and the designation of protections are not adequate to protect grazing practices or levels of grazing use the Hartman Rock Recreation Area over the species. are significant factors in failing to the South Beaver Creek ACEC, we All Astragalus microcymbus units on achieve the standards and conform with believe that existing Federal regulatory public land are within active livestock the guidelines (43 CFR 4180.2(c)). mechanisms are inadequate for grazing allotments. The BLM regulatory Livestock use specific to Astragalus protecting A. microcymbus. authority for grazing management is microcymbus is discussed in further Management prescriptions or AUMs for provided at 43 CFR Part 4100 detail in Livestock, Deer, and Elk Use of livestock use are three to five times (Regulations on Grazing Administration Habitat above. Within the South Beaver higher than current use levels. Because Exclusive of Alaska). Livestock grazing Creek ACEC, no additional forage livestock impacts are occurring to A. permits and leases contain terms and allocations will be made and domestic microcymbus at current stocking rates, conditions, determined by BLM to be sheep grazing will not be authorized we expect if livestock were managed at appropriate to achieve management and (BLM 2005a, pp. 2–29 to 2–30). these higher AUM levels, much more resource condition objectives and to Despite management actions intense impacts would occur to the ensure that habitats are, or are making, undertaken by BLM, grazing is plant. In addition, the South Beaver

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Creek ACEC designation, while overall precipitation and periods of population size and a loss of genetic providing limited protection for A. drought, as well as declines in spring diversity may be a problem. Other microcymbus, was not adequate to precipitation (May and July) (DBG Astragalus species with small preclude the designation of a recreation 2010a, p. 6). For example, during the populations have demonstrated lowered area in the same location (70 percent of drought of 2001 and 2002, A. genetic diversity (Travis et al. 1996, pp. the ACEC). We cannot say what will microcymbus populations declined 735–745). The limited range of A. happen with A. microcymbus in the precipitously (DBG 2010a, p. 6). microcymbus makes the species more upcoming RMP revision, but if we Because periodic drought will likely susceptible to being significantly consider conservation efforts since the continue and could increase (see impacted by stochastic (random) last RMP revision, we expect A. Climate Change in Factor A above) and disturbances such as wildfire. Because microcymbus and its habitat will because of the decline in population stochastic threats such as wildfire are continue to decline in the foreseeable numbers associated with drought, we currently low, and because two A. future. We find that Federal laws and find drought to be a threat to the species microcymbus units are isolated and regulations are currently inadequate to (recognizing the uncertainty with small, we find the overall effect from protect the species from being climate change models). small populations to be low to the point where it is not a threat. threatened or endangered. Small Populations Summary of Factor D Small populations and species with Summary of Factor E Twenty-five percent of Astragalus limited distributions, like those of Periodic drought is a threat to microcymbus habitat occurs on private Astragalus microcymbus, are vulnerable Astragalus microcymbus. We know that lands with no regulatory protections. No to relatively minor environmental the species decreases during drought State laws protect the species. On disturbances such as recreational conditions, but we do not know how Federal lands, the species is managed as impacts, nonnative plant invasions, and this influences long-term survivorship a sensitive species but this designation wildfire (Given 1994, pp. 66–67), and of the species, especially in light of has not adequately protected the are subject to the loss of genetic climate change. We know the species species. Over 40 percent of the A. diversity from genetic drift, the random has a limited distribution and two out microcymbus habitat and 70 percent of loss of genes, and inbreeding (Ellstrand of nine A. microcymbus units are small the South Beaver Creek ACEC lies and Elam 1993, pp. 217–237). and isolated, but we do not understand within the federally managed Hartman Populations with lowered genetic how this is affecting the genetic Rocks Recreation Area, which serves to diversity are more prone to local diversity of the species nor do we focus human use in this area, a extinction (Barrett and Kohn 1991, pp. consider small population size to be a designation that runs counter to the 4, 28). Smaller populations generally threat. With such a limited range, the protection of the species. For these have lower genetic diversity, and lower species is at risk from stochastic events reasons, we find the existing regulatory genetic diversity may in turn lead to but there is no way of predicting these mechanisms to be inadequate because of even smaller populations by decreasing events. Although there are many increasing recreation and development the species’ ability to adapt, thereby unknowns, we find the threat from potential on private land. We find that increasing the probability of population periodic drought to be moderate at this Astragalus microcymbus is threatened extinction (Newman and Pilson 1997, p. time. Based on this, the overall threat by the inadequacy of existing regulatory 360). from Factor E is low to moderate. We For plant populations that do not mechanisms now and these threats are find that Astragalus microcymbus is reproduce vegetatively, like Astragalus expected to continue or increase in the threatened by other natural or manmade microcymbus, pollen exchange and seed foreseeable future. factors affecting its continued existence dispersal are the only mechanisms for now and these threats are expected to Factor E. Other Natural or Manmade gene flow. Pollen dispersal is limited by continue or increase in the foreseeable Factors Affecting Its Continued the distance the pollinator can travel. future. Existence Both pollen and seed dispersal can vary widely by species (Ellstrand 2003, p. General Threats Summary Periodic Drought 1164). We do not understand either Table 6 below provides an overview Drought is a common occurrence pollen or seed dispersal capabilities for of the threats to Astragalus within the range of Astragalus A. microcymbus. As our understanding microcymbus. Of these threats, we microcymbus (Braun 1998, p. 148; of gene flow has improved, the consider recreation, roads, and trails, WRCC 2010a, p. 8). Infrequent, severe distances scientists believe genes can the overall inadequacy of existing drought may cause local extinctions of travel also has increased (Ellstrand regulatory mechanisms, and habitat annual forbs and grasses that have 2003, p. 1164). We believe that genetic fragmentation and degradation to be the invaded stands of perennial species, and exchange could be possible, although most significant threats (Table 6). recolonization of these areas by native unlikely, between the Henry, Gold Basin Recreational impacts are likely to species may be slow (Tilman and El Creek, and South Beaver Creek Units, increase given the close proximity of A. Haddi 1992, p. 263). Drought reduces and expect that genetic exchange does microcymbus to the town of Gunnison vegetation cover (Milton et al. 1994, p. occur occasionally between the South and the increasing popularity of 75; Connelly et al. 2004, pp. 7–18), Beaver Creek Units. mountain biking, motorcycling, and all- potentially resulting in increased soil Most Astragalus microcymbus units terrain vehicles. Furthermore, the erosion and subsequent reduced soil comprise multiple sites with many Hartman Rocks Recreation Area draws depths, decreased water infiltration, and individuals and genetic exchange users and contains over 40 percent of reduced water storage capacity. Drought should not be limited within units. the A. microcymbus units. The overall also can exacerbate other natural events However, two A. microcymbus units— threat from a lack of existing regulatory such as defoliation of sagebrush by Henry and Cebolla Creek—are located mechanisms is high given that 25 insects and the invasion of nonnative over 2.5 km (1.5 mi) away from any percent of the habitat has no protections invasive plants. A. microcymbus other units and have few individuals. and that Federal protections allowed a responds negatively to declines in For these two units in particular, small recreation area to be developed on the

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species’ habitat. Recreation, as well as microcymbus, leads to habitat most of the other threats to A. fragmentation and degradation. TABLE 6—THREAT SUMMARY FOR FACTORS AFFECTING Astragalus Microcymbus

Listing Threat or Scope of threat or Exposure Likelihood of Species’ Foreseeable factor impact impact Intensity (%) exposure response future Overall threat

A ...... Residential Moderate ...... Moderate ...... 25 ...... Moderate ...... Loss of habi- Develop- Moderate. & Urban tat, loss of ment with- Develop- sites, polli- in several ment. nator im- decades. pacts. A ...... Recreation, High ...... High ...... 15 (20-m High ...... Loss of sites Significant High. Roads, & buffer) to & habitat, increase Trails. 46 (100-m habitat (+20% an- buffer). degrada- nually) in tion, non- users. natives, pollinator impacts. A ...... Utility Cor- Low ...... Low ...... 4 ...... Moderate ...... Loss of sites No imme- None, impact only. ridors. & habitat, diate habitat plans, lim- degrada- ited in tion. scope. A ...... Nonnative Low ...... Low+ ...... 0.1+ ...... High ...... Competition, Increasing None, but increasing Invasive wildfire, with rapid quickly. Plants. pollinator increase impacts. possible. A ...... Wildfire ...... Low ...... None+ ...... None but Low+ ...... Nonnatives, Difficult to Low+. nearby. species’ estimate, response will relate to wildfire to cheat- unknown. grass in- vasion. A ...... Contour Low ...... Low ...... 1.2 ...... Low ...... Presumable Future None, impact only. Plowing & loss, habi- seedings Nonnative tat deg- unlikely. Seedings. radation, pollinator impacts. A ...... Livestock, Moderate ...... Low to Moderate .. 95+ ...... Moderate ...... Habitat Deg- Permitted Moderate. Deer, & radation, AUMs Elk Use of trampling, would in- Habitat. pollinator crease im- impacts. pacts, deer & elk impacts could in- crease. A ...... Mining; Oil & Low ...... Low ...... none ...... Low ...... Loss if min- Little activity, None+. Gas Leas- ing oc- unlikely in ing. curred. the fore- seeable future. A ...... Climate Moderate? ...... Moderate? ...... 100 ...... Moderate ...... Unknown Climate Moderate? Change. but would models likely predict 40- cause a year decline. changes. A ...... Habitat High ...... Low ...... 100 ...... High ...... Habitat deg- A byproduct High. Frag- radation, of other mentation genetic threats. & Deg- isolation. radation. B ...... None ...... not likely to None. change. C ...... Small Mam- Moderate ...... Moderate+ ...... ∼80, likely High ...... Affecting Likely to Low to Moderate. mal varies by seed set. continue & Herbivory. year. fluctuate with herbi- vore popu- lation. C ...... Deer & Elk Low ...... Low ...... winter ...... Low ...... Minimal, Winter use None+. Herbivory. could af- makes fect seed herbivory set. less likely. C ...... Livestock Low ...... Low ...... occasional .. Low ...... Could affect Steep slopes None. Herbivory. seed set. makes herbivory less likely. C ...... Insect Low ...... Low ...... 3 ...... Moderate ...... Could affect No None. Herbivory. seed set. measurea- ble impact.

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TABLE 6—THREAT SUMMARY FOR FACTORS AFFECTING ASTRAGALUS MICROCYMBUS—Continued

Listing Threat or Scope of threat or Exposure Likelihood of Species’ Foreseeable factor impact impact Intensity (%) exposure response future Overall threat

C ...... Disease ...... Low ...... Low ...... trace ...... Low ...... Death? ...... Rare ...... None. D ...... Local Land Moderate ...... Moderate ...... 25 ...... Moderate+ ...... Loss of habi- Develop- Moderate. Use Laws, tat, loss of ment with- & Ordi- sites, polli- in several nances. nator im- decades. pacts. D ...... State Laws Moderate ...... Moderate ...... 25+ ...... Moderate+ ...... Loss of habi- Develop- Moderate. & Regula- tat, loss of ment with- tions. sites, polli- in several nator im- decades. pacts. D ...... Federal Moderate ...... Moderate ...... 75 ...... Moderate+ ...... Influenced Continued Moderate. Laws & by man- course will Regula- agement trend tions. actions. downward. E ...... Periodic Moderate ...... Moderate ...... 100 ...... High ...... Decline ...... Climate Moderate. Drought. change models predict in- creasing drought. E ...... Small Popu- Low ...... Low ...... 7 ...... Low ...... Loss of ge- Increase if None, impact only lations. netic di- wildfires & versity. cheat- grass in- crease. Listing factors include: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. + indicates a possible increase in the future. ? indicates significant uncertainty.

Moderate threats to Astragalus nonnative invasive plants (especially We do not fully understand the microcymbus include: Residential and cheatgrass) and may be exacerbated by reasons for the decline in Astragalus urban development; livestock, deer, and climate change. We find the overall microcymbus numbers. Some of the elk use; climate change; and increasing threat to Astragalus microcymbus from variability in population counts can be periodic drought. Of these, the threats all of these threats to be moderate; explained by precipitation and from climate change are the most likely although we carefully considered a high temperature patterns (DBG 2010a, p. 6). to increase in the future. In addition, we threat ranking when we considered the However, these patterns do not explain are particularly concerned about threats acting together. all the variation. For example, we did nonnative invasive plants, especially not see A. microcymbus numbers Finding cheatgrass. Cheatgrass is expanding in increase substantially in 2005 when the Gunnison Basin. Furthermore, the As required by the Act, we considered there was much more precipitation than dry south-facing slopes where A. the five factors in assessing whether average (DBG 2010a, pp. 11–12). Nor do microcymbus is found are the warmest Astragalus microcymbus is endangered these patterns explain why site counts and, therefore, the most vulnerable to or threatened throughout all or a continue to be much less than they were cheatgrass invasion in the Gunnison significant portion of its range. We in the 1980s and 1990s. Sites do not Basin. carefully examined the best scientific appear to move significantly. Although Although wildfire is ranked as a low and commercial information available the footprint of many sites has shrunk, threat, this factor may increase in the regarding the past, present, and future the plants are still located in future. Wildfire is likely to increase threats faced by the species. We approximately the same areas as they because of its link to nonnative invasive reviewed the petition, information were in the 1980s, suggesting that A. plants and habitat degradation. Small available in our files, other available microcymbus locations are fairly static. mammal herbivory, because of the published and unpublished This is not surprising given that A. significant effect to seed set, is information, and we consulted with A. microcymbus habitat seems to be considered a low to moderate threat. All microcymbus experts and other Federal somewhat limited on the landscape. other threats to Astragalus microcymbus and State agencies. This status review identified threats are currently regarded as impacts and Astragalus microcymbus numbers are to the Astragalus microcymbus not threats to the species’ continued declining. The most recent population rangewide attributable to Factors A, C, existence. viability analysis predicts that all four D, and E. The primary threats to the While we have considered all the life-history monitoring plots will be lost species include recreation, roads, and threats here separately, many are by the year 2030, although more recent trails; and habitat fragmentation and interrelated. For example, many of these data extends this date out into the future degradation. Recreational use continues threats contribute to habitat (DBG 2008, p. 9). Most counts in the last to increase. Habitat degradation, caused degradation. Cheatgrass seldom spreads 5 years have been far less than they by all of the threats interacting together, without some sort of disturbance. were in the 1980s and 1990s, generally poses a significant risk to the species. Wildfire frequency does not increase fewer than 150 individuals with only 1 Moderate threats include residential and without more people to start the fires, count over 400 individuals (USFWS urban development; livestock, deer, and more lightning, or increases in 2010a, pp. 1–4). elk use; climate change; inadequate

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regulatory mechanisms; and periodic threats acting on the species are not has no protections and that Federal drought. The threat from nonnative immediately impacting all the species regulations allowed a recreation area to invasive plants is increasing quickly. across its range to the point where the be developed atop the species. Small mammal herbivory is considered species will be immediately lost. Recreation, as well as most of the other a low to moderate threat, and wildfire However, if at any time we determine threats to A. microcymbus, leads to is considered a low threat. All of these that issuing an emergency regulation habitat fragmentation and degradation. threats are impacting A. microcymbus, temporarily listing Astragalus These threats are ongoing and, in some and could be contributing to the species’ microcymbus is warranted, we will cases (such as invasive nonnative decline. The species’ close proximity to initiate this action at that time. species), are considered irreversible the town of Gunnison and the fact that Listing Priority Number because large-scale invasions cannot be 25 percent of the species rangewide recovered to a native functioning distribution is on private lands subject The Service adopted guidelines on ecosystem given current management to development makes future September 21, 1983 (48 FR 43098), to efforts. Our rationale for assigning A. development a very real threat. establish a rational system for utilizing microcymbus an LPN of 8 is outlined Cheatgrass will likely invade the hot dry available resources for the highest below. habitats of A. microcymbus before any priority species when adding species to Under the Service’s guidelines, the other habitats in the Gunnison Valley. the Lists of Endangered or Threatened magnitude of threat is the first criterion Livestock, deer, and elk use are causing Wildlife and Plants or reclassifying we look at when establishing a listing habitat degradation. Because we know species listed as threatened to priority. The guidance indicates that A. microcymbus responds unfavorably endangered status. These guidelines, species with the highest magnitude of ‘‘ to warmer spring temperatures and less titled Endangered and Threatened threat are those species facing the spring precipitation—conditions that Species Listing and Recovery Priority greatest threats to their continued Guidelines’’ address the immediacy and climate change models predict—we existence. These species receive the magnitude of threats, and the level of expect negative impacts similar to the highest listing priority. We consider the taxonomic distinctiveness by assigning declines we’ve seen with these climatic threats that A. microcymbus faces to be priority in descending order to conditions in the long-term life history moderate in magnitude because the monotypic genera (genus with one study. Small mammal herbivory affects major threats (recreation, roads, and species), full species, and subspecies (or seed production, and drought negatively trails; inadequacy of existing regulatory equivalently, distinct population affects population numbers. We mechanisms; and habitat fragmentation acknowledge there are uncertainties segments of vertebrates). As a result of our analysis of the best and degradation), while serious and regarding: (1) The reasons for the occurring rangewide, do not collectively decline of A. microcymbus, (2) the rate available scientific and commercial information, we assigned Astragalus rise to the level of high magnitude. For of increase in future recreation and the example, the last known populations are management direction for the Hartman microcymbus a Listing Priority Number (LPN) of 8, based on threats that are of not about to be completely lost to Rocks Recreation Area; (3) the rate and development. extent of cheatgrass’ spread; (4) when moderate magnitude and are imminent. Under our LPN guidelines, the second and to what extent development will These threats include the present or criterion we consider in assigning a occur; (5) the return interval of future threatened destruction, modification, or listing priority is the immediacy of wildfires; and (6) the effects of curtailment of its habitat; predation; the threats. This criterion is intended to increasing temperatures and changing inadequacy of existing regulatory ensure that the species facing actual, precipitation patterns. Many of these mechanisms; and other natural or man- identifiable threats are given priority uncertainties are temporal in nature. made factors affecting its continued On the basis of the best scientific and existence. We consider the threats that over those species facing potential commercial information available, we A. microcymbus faces to be moderate in threats or species that are intrinsically find that listing of the Astragalus magnitude because the major threats vulnerable but are not known to be microcymbus as endangered or (recreation, roads, and trails; presently facing such threats. We threatened is warranted. We will make inadequacy of existing regulatory consider the threats imminent because a determination on the status of the mechanisms; and habitat fragmentation we have factual information that the species as endangered or threatened and degradation), while serious and threats are identifiable and that the when we do a proposed listing occurring rangewide, do not collectively species is currently facing them in many determination. However, as explained rise to the level of high magnitude. For portions of its range. These actual, in more detail below, an immediate example, the last known populations are identifiable threats are covered in great proposal of a regulation implementing not about to be completely lost to detail in Factors A, C, D, and E of this this action is precluded by higher development. These threats are not finding. Almost all of the threats are priority listing actions, and progress is likely to eliminate the species in the ongoing and, therefore, are imminent, being made to add or remove qualified immediate future. The threats the although the likelihood varies (Table 4). species from the Lists of Endangered species faces are, however, significant. In addition to their current existence, and Threatened Wildlife and Plants. Recreational impacts are likely to we expect these threats to continue and We have reviewed the available increase given the close proximity of A. likely intensify in the foreseeable future. information to determine if the existing microcymbus to the town of Gunnison The third criterion in our LPN and foreseeable threats render the and the increasing popularity of guidelines is intended to devote species at risk of extinction now such mountain biking, motorcycling, and all- resources to those species representing that issuing an emergency regulation terrain vehicles. Furthermore, the highly distinctive or isolated gene pools temporarily listing the species as per Hartman Rocks Recreation Area draws as reflected by taxonomy. Astragalus section 4(b)(7) of the Act is warranted. users and was designated atop 40 microcymbus is a valid taxon at the We determined that issuing an percent of the A. microcymbus ‘‘units’’. species level and, therefore, receives a emergency regulation temporarily The overall threat from the inadequacy higher priority than subspecies, but a listing the species is not warranted for of existing regulatory mechanisms is lower priority than species in a this species at this time because the high given that 25 percent of the habitat monotypic genus. Therefore, we

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assigned Astragalus microcymbus an leafy stems. The fruit is a pod, 3 to 4 cm are found in both sunny and shaded LPN of 8. (1 to 1.5 in.) long, covered with flat, stiff locations (Peterson 1981, p. 12), We will continue to monitor the hairs, pendulous and curving primarily on deep, reddish loess soils, threats to Astragalus microcymbus, and downward (Barneby 1964, pp. 277–278). and are generally less common near cliff the species’ status on an annual basis, The deep taproot grows to 40 cm (16 in.) edges and in ravines where the soil is and should the magnitude or the or more (Friedlander 1980, pp. 59–62). shallower. No A. schmolliae plants are imminence of the threats change, we Biology, Distribution, and Abundance found in the mountain shrublands at the will re-visit our assessment of LPN. upper elevations on MEVE. Astragalus schmolliae plants emerge Because we have assigned Astragalus The CNHP prepared a population in early spring and usually begin microcymbus an LPN of 8, work on a status survey of Astragalus schmolliae flowering in late April or early May. proposed listing determination for A. in 2004 for MEVE. The report is based Flowering continues into early or mid- microcymbus is precluded by work on on field surveys in 2001 and 2003 of the June (Friedlander 1980, p. 63, Peterson higher priority listing actions with distribution, density, soil 1981, p. 14). Fruit set begins in late May absolute statutory, court-ordered, or characteristics, seed viability and and occurs through June, and by late court-approved deadlines and final germinability, and recruitment in June most fruits have opened and listing determinations for those species burned and unburned areas of MEVE. that were proposed for listing with released their seeds, while still attached to the plant. The typical plant lifespan This study provides the primary source funds from FY 2010. This work includes of information for our evaluation of the all the actions listed in the tables below of A. schmolliae is unknown, but individuals are thought to live up to 20 status and threats to A. schmolliae, and under expeditious progress (see Tables is cited throughout this finding as 9 and 10). years (Colyer 2002 in Anderson 2004, p. 11). During very dry years, as observed Anderson (2004). Species Information—Astragalus in 2002, the plants can remain dormant Astragalus schmolliae habitat schmolliae with no above-ground growth (Colyer collectively occupies approximately 1,619 ha (4,000 ac) in MEVE and on the Taxonomy and Species Description 2003 in Anderson 2004, p. 11). Most of the plants produce above-ground shoots Ute Mountain Ute Tribal Park (Tribal Astragalus schmolliae was first and flower profusely during growing Park). About 809 ha (2,000 ac) are in collected in Montezuma County, seasons following wet winters. MEVE on Chapin Mesa including southwestern Colorado, in 1890. It was Astragalus schmolliae requires Fewkes and Spruce Canyons, on the formally described as a species in 1945, pollination by insects to set fruit. West Chapin Spur, and on Park Mesa when C.L. Porter named it after Dr. Flowers require a strong insect for (CNHP 2010, pp. 12–19; Anderson 2004, Hazel Marguerite Schmoll (Porter 1945, pollination, such as a bumblebee, p. 25, 30; MEVE 2010, p.1). Occupied pp. 100–102; Barneby 1964, pp. 277– because the insect must force itself habitat on Chapin Mesa in the Tribal 278; Isely 1998, p. 417). Astragalus between the petals of the butterfly- Park south of MEVE probably covers schmolliae is a member of the family shaped flowers. Pollinators observed on another 809 ha (2,000 ac), where Fabaceae (legume family). The perennial A. schmolliae include several species of surveys have not been done (Anderson plants are upright, 30 to 60 cm (12 to 24 bumblebees (Bombus spp.) and beeflies 2004, p. 6; Friedlander 1980, p. 53; in.) tall with one to several stems (Bombylius spp.) (Friedlander 1980, p. CNHP 2010, pp. 20–21). Abundant branching from an underground root 63). plants were observed on the tribal land crown. Its leaves are typical of many of The habitat for Astragalus schmolliae in 1987 (Colyer 2002, in Anderson 2004, the legumes, with 11 to 20 small leaflets is mature pinyon-juniper woodland of p. 4; CNHP 2010, p. 21). The total on a stem. Leaves and stems are ash- mesa tops in the Mesa Verde National number and average density of plants on colored due to a covering of short hairs. Park (MEVE) area at elevations between the Tribal Park are not known, because Flowers are creamy white and borne on 1,981 to 2,286 meters (6,500 to 7,500 no inventories have been completed upright stalks that extend above the feet) (Anderson 2004, p. ii). The plants (Clow 2010, pers. comm.).

TABLE 7—Astragalus schmolliae OCCURRENCES [CNHP 2010, pp. 1–21; Anderson 2004, p. 6, 30]

Plants Plants Density Density CNHP Occurrence Ha (Ac) 2001 2003 2001 2003 Rank*

Chapin Mesa, Fewkes & 785 (1,939) 454,733 277,462 .06 per sq meter ...... 037 per sq meter ...... A Spruce Canyons (MEVE). Park Mesa (MEVE) ...... 3.3 (8) 3,605 2,199 .110 ...... 067 ...... B West Chapin Spur 21 (52) 24,448 14,913 .117 ...... 071 ...... B (MEVE).

MEVE totals ...... 809 (2,000) 482,786 294,499 ......

Ute Mtn. Ute Tribal Park 809 (2,000) est. NA NA NA ...... H

Total range ...... 1,619 (4,000) ...... * Occurrence rankings are categorized from A through D, with ‘‘A’’ ranked occurrences generally representing higher numbers of individuals and higher quality habitat, and ‘‘D’’ ranked occurrences generally representing lower numbers of individuals and lower quality (or degraded) habi- tat. A historical rank (H) indicates an occurrence that has not been visited for more than 20 years.

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The distribution of Astragalus Factor A. The Present or Threatened pinyon-juniper, and would likely schmolliae is typical of narrow Destruction, Modification, or impact or eliminate many native plant endemics, which are often common Curtailment of Its Habitat or Range species (Turner et al., p. 40). We have within their narrow range on a specific The following potential factors that no data to indicate whether Astragalus habitat type (Rabinowitz 1981 in may affect the habitat or range of schmolliae will successfully adapt to a Anderson 2004, p. 3). However, A. Astragalus schmolliae are discussed in post-fire habitat of open clearings schmolliae is unusual because similar this section, including: (1) Wildfire; (2) between shrubs, and competition from habitat is widespread on nearby mesas invasive nonnative plants; (3) post-fire cheatgrass, thistles, and native grasses where the species has not been found. mitigation; (4) wildfire and fuels versus a pinyon-juniper dominated community. Thus, the causes of its rarity are management; (5) development of From July 29 to August 4, 2002, the unknown. Its distribution may be infrastructure; (6) drought and climate Long Mesa Fire burned 1,053 ha (2,601 limited by habitat variables that are not change. yet understood (Anderson 2004, p. 8). ac) on Chapin and Park Mesas, which Wildfire included about 306 ha (756 ac) of Astragalus schmolliae is considered Six large wildfires burned within Astragalus schmolliae habitat critically imperiled globally (G1) by the (Anderson 2004, p. 28). Between 1996 MEVE between 1989 and 2003, and CNHP, a rank used for species with a and 2008, 308 ha (762 ac) of habitat extensive portions of those burned areas restricted range, a global distribution were burned by wildfires, and 6 ha (15 have been invaded by nonnative plant consisting of less than five occurrences, ac), by prescribed burns (MEVE 2010, species (weeds) (Floyd et al. 2006, p. a limited population size, or significant pers. comm.). On Tribal Park habitat, 247). Small, lightning-caused fires are threats (CNHP 2006, p. 1). several small fires appear to have frequent in MEVE. The annual average burned a total of about 23 ha (57 ac) Summary of Information Pertaining to number of fire starts between 1926 and (Glenne 2010, map). Altogether these the Five Factors 1969 was 5 per year, which increased to recent fires have impacted about 21 18 per year between 1970 and 1997. Section 4 of the Act (16 U.S.C. 1533) percent of the total habitat for the Most of the fires started in the pinyon- species. and implementing regulations (50 CFR juniper woodlands and burned less than 424) set forth procedures for adding The average density per square meter 1 ha (2.5 ac). The southern half of MEVE of Astragalus schmolliae plants on species to the Federal Lists of was covered with dense, old-growth Endangered and Threatened Wildlife monitoring plots in MEVE decreased 39 pinyon-juniper woodlands that had not percent from 2001 to 2003 (Anderson and Plants. Under section 4(a)(1) of the burned for several centuries. However, Act, a species may be determined to be 2004, p. 30, 37). Density declined in the 20th century has seen several both burned and unburned transect endangered or threatened based on any spectacular wildfires that burned of the following five factors: segments between 2001 and 2003. The extensive portions of these pinyon- decline in density was slightly lower in (A) The present or threatened juniper woodlands (Floyd et al. 1999, p. burned transect segments than in destruction, modification, or 149). Best estimates for ‘‘natural’’ fire unburned, but the difference in density curtailment of its habitat or range; turnover times in MEVE are about 100 in 2003 between burned and unburned (B) Overutilization for commercial, years for shrubland vegetation and transect segments was not statistically recreational, scientific, or educational about 400 years for pinyon-juniper significant, suggesting that burning did purposes; vegetation. Although the disturbance not significantly impact plant mortality, regime for this system apparently (C) Disease or predation; nor did it result in any benefit to the remains within the historical range of species. The 39 percent decline in (D) The inadequacy of existing variability, the recovery processes density in MEVE was attributed to the regulatory mechanisms; or following fire have been dramatically 2002 drought and prolonged dormancy, (E) Other natural or manmade factors altered from historical processes (Floyd because the plants do not send up new affecting its continued existence. et al. 2006, p. 248). Recurrent fires favor growth during very dry years (Anderson clonal, resprouting shrub species such 2004, p. 37). In making this 12-month finding, we as Quercus gambelii (gambel oak), No seedlings were observed in 2001 evaluated the best scientific and Amelanchier utahensis (Utah on burned or unburned habitat, but they commercial information available, serviceberry), Symphoricarpos were observed in 2003 throughout the including information acquired during oreophilus (mountain snowberry), range of Astragalus schmolliae in the status review. Our evaluation of this Fendlera rupicola (cliff fendlerbush), MEVE, except at the population on information is presented below. and Rhus trilobata (three-leaf sumac), northern Park Mesa that was severely In considering what factors might and gradually eliminate the fire- burned in 1996 (Anderson 2004, p. 39). constitute threats to a species, we must sensitive pinyon and juniper (Floyd et There were no clear differences in look beyond the exposure of the species al. 2000, p. 1667, 1677). A. schmolliae seedling success between burned and to a factor to evaluate whether the does not grow in the shrub-dominated unburned areas during early summer species may respond to the factor in a areas of MEVE now, and we cannot surveys, but survivorship of seedlings way that causes actual impacts to the predict the long- term success of the through their first summer could not be species. If there is exposure to a factor species following removal of the determined (Anderson 2004, p. 48). and the species responds negatively, the pinyon-juniper overstory. Viability of seeds collected in 2003 was factor may be a threat and we attempt Landscape modeling of the effects of between 94 and 100 percent (Anderson to determine how significant a threat it projected cheatgrass increase on fire 2004, p. 49). The patterns of seed is. The threat is significant if it drives, frequency in MEVE indicates the germination are suggestive of a species or contributes to, the risk of extinction potential for frequent reburning. that maintains a persistent seed bank of the species such that the species Projections show a fire rotation of about (Anderson 2004, p. 47). The longevity of warrants listing as endangered or 45 years for MEVE. Such a frequent seeds of A. schmolliae is not known, but threatened as those terms are defined in disturbance regime would be far outside many legumes, including members of the Act. the historical range of variability for the Astragalus, have seeds as long-lived as

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97 years (Anderson 2004, p. 48). within the foreseeable future. Although habitat on Chapin Mesa (Hanna et al. Recruitment appears to be highly we remain concerned about the 2008, p. 18). The highest infestation episodic and is probably greatest in potential impacts of recurring fires, the occurred in an area that had burned years that are moist in March through best available information indicates that both in the 1996 and the 2002 fires on May (Anderson 2004, p. iv). Plants in the direct effects of wildfires do not Park Mesa. This had been an old-growth areas burned in 2002 displayed higher pose a threat to A. schmolliae. The pinyon-juniper woodland before the reproductive effort and vigor, and indirect effect of facilitating invasion of 1996 fire and was seeded with native produced approximately 241 times more the habitat by cheatgrass does pose a grasses. After re-burning in 2002, this seeds per plant than did plants in significant threat to the species. area has been inundated by cheatgrass unburned areas. It is likely that this (Hanna et al. 2008, p. 9). Given the Invasive Nonnative Plants resulted in part from depletion of seasonal overlap of A. schmolliae pollinator resources in unburned areas. As discussed above, the main threat to seedling growth with the peak growth of Plants in areas burned in 1996 on Park the species is the indirect effect of cheatgrass, it is likely that the presence Mesa had very high vigor in 2003 invasion by nonnative plant species of cheatgrass in populations of A. (possibly due to high soil nitrate levels (weeds). This invasion is facilitated by schmolliae compromises its viability after fire) but did not set fruit although the increased frequency of burns as well (Anderson 2004, pp. 60–61). flowers were produced and insect as the clearing of areas within occupied In 1980, cheatgrass was found in 8 visitation was observed (Anderson 2004, Astragalus schmolliae habitat (CNHP percent of survey samples in picnic p. iv). 2006, p. 4). In MEVE, large wildfires grounds and 0 percent of undisturbed Seed bank studies for other Astragalus that occurred earlier in the twentieth samples (Friedlander 1980, pp. 75–76). species indicate that the group generally century (1934, 1959, 1972) were not Carduus nutans was not found in either possesses hard impermeable seed coats associated with weed invasion (Floyd et disturbed or undisturbed ground in with a strong physical germination al. 1999, p. 148), but the pinyon-juniper 1980, but it was particularly invasive in barrier. As a result, the seeds are forests that have burned extensively in burned areas of MEVE by 1999 and was generally long-lived in the soil and only the past two decades are being replaced aggressively invading areas occupied by a small percentage of seeds germinate by significant invasions of weedy Astragalus schmolliae (Floyd-Hanna et each year (Morris et al. 2002, p. 30). species, especially Bromus tectorum al. 1999, Romme et al. 2003). However, we do not know if the seed (cheatgrass), Carduus nutans (musk We consider the invasion of germination strategy for other thistle), and Cirsium arvense (Canada nonnative weedy plants, particularly Astragalus species is comparable to that thistle) (Floyd et al. 2006, p. 1). cheatgrass, to be a threat of high employed by A. schmolliae. Since 1996, MEVE has seen more magnitude to Astragalus schmolliae The growth habit of Astragalus large fires and more cumulative area because: (1) Cheatgrass has invaded all schmolliae suggests that it is tolerant of burned than occurred during the of the burned and disturbed habitat of fire, with its deep taproot and shallowly previous 200 years (Romme et al. 2006, A. schmolliae in MEVE, covering at least buried root crown, to which the plant p. 3). This recent increase in fire activity 40 percent of its entire range; (2) it dies back during winter months. Plants is a result of severe drought conditions competes with seedlings and can resprout following a low-intensity preceded by wet climatic conditions resprouting adult plants for water and fire if the root crown is not damaged and increasing fuel load due to fire nutrients; (3) no landscape scale (Floyd-Hanna et al. 1997, 1998). suppression in the pinyon-juniper successful control methods are Reproductive effort and fecundity were woodlands, all coinciding with the available; and (4) the proven ability of clearly higher in areas burned in 2002, natural end of a long fire cycle (Floyd cheatgrass to increase fire frequency, and vigor also appeared to be greater. et al. 2006, p. 247). A recent thereby facilitating further rapid spread, However, net reproductive success in development in the post-fire habitat threatens both burned and previously post-fire environments has not been response is the remarkably rapid spread unburned occupied habitat. We monitored, so it is unclear whether fire of cheatgrass. This weedy winter annual conclude that cheatgrass invasion is effects have a negative or beneficial germinates in the fall, grows slowly likely to cause fire frequency to initial impact on A. schmolliae. While during the winter, and then grows increase, with the result that only small fire may confer some short-term benefits rapidly in the early spring. By early patches of undisturbed habitat will to plants in burned areas (possibly at the summer it has set seed and died, remain for A. schmolliae within MEVE. expense of reproductive success in creating a continuous fuel bed of quick- The extent of cheatgrass invasion on the unburned areas if depletion of drying, flashy fine fuel that can readily Tribal Park is unknown, because no pollinator resources is responsible for carry fire, even without wind. surveys have been completed. poor fecundity), it may have long-term Cheatgrass has been in MEVE for many Post-Fire Mitigation detrimental impacts (Anderson 2004, p. years. However, it was never 64). widespread until 2000, when unusually Various post-fire mitigation actions We conclude that the direct effects of warm dry summers and winters, (aerial seeding of native grasses, fire on Astragalus schmolliae are both coupled with heavy fall rains, have mechanical removal, herbicides, and positive and negative. Plants burn to the allowed cheatgrass to rapidly expand its bio-control) have been effective in ground and then resprout the following range, especially in places where fire or reducing the density of weeds after fire, spring if the fire is not too intense, but other disturbances have created bare but none of these techniques has then have competition from weeds and ground (Romme et al. 2006, p. 3). prevented the weeds from becoming grasses. We do not know whether net Mature pinyon-juniper woodlands are major components of the post-fire plant reproduction after fire is positive. Given highly vulnerable to post-fire weed community. Post-fire mitigation the high frequency and volume of fires invasion (Floyd et al. 2006, p. 254). activities were conducted in MEVE in the area it is highly likely that new Cheatgrass is now a dominant species in under the Burned Area Emergency fires will burn more of the habitat for A. much of the area burned in MEVE Rehabilitation program in 1996 to 1997, schmolliae. All of the burned and (Romme et al. 2006, pp. 2–3) and it has to prevent weed invasion and severe remaining unburned habitat on MEVE inundated the burned and disturbed erosion, and to encourage native plant and the Tribal Park is at risk of burning portions of Astragalus schmolliae species. Aerial seeding of native grasses

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was applied intensively in the old- is cut in a mosaic pattern, leaving trees to moderate level of surface disturbance, growth pinyon-juniper community. The and clumps of trees standing with which we believe results in little direct density of Carduus nutans was cleared areas around them. This fire impact to A. schmolliae. However, the significantly reduced by seeding in break covers about 189 ha (467 ac), or effects of fuels management activities burned areas. There has been no 12 percent of the species’ total range. tend to facilitate nonnative species evidence that the diversity of native Response of A. schmolliae to the two invasion. In addition to cheatgrass, forbs has declined by introducing native different treatments has not been Carduus nutans appears to thrive on the perennial grasses (Floyd et al. 1999, p. compared. Fire breaks also are created disturbance created by fuels 155), but Astragalus schmolliae was not by prescribed burns. Mechanical management, and to outcompete A. specifically monitored. Therefore, we removal and prescribed burning schmolliae (Floyd-Hanna et al. 1999). are unsure if these efforts to prevent together have altered about 19 percent Numerous C. nutans plants were found weed invasion negatively affect A. of the species total range, including the in all areas visited where mechanical schmolliae. fenceline fire breaks described above fuels reduction activities took place Seeding of native grasses has not (MEVE 2010, pers. comm.). (Anderson 2004, p. 73). The canopy of prevented the spread of cheatgrass into The ecological conditions for A. schmolliae can act as a seed trap for burned areas; instead, cheatgrass Astragalus schmolliae within the C. nutans, which greatly increases the invasion has increased (Floyd et al. cleared areas are different from its likelihood of negative impacts to A. 2006, p. 254). If cheatgrass continues to typical pinyon-juniper woodland schmolliae from competition (Anderson spread into recently burned areas in habitat. Cleared areas are exposed to 2004, pp. 63, 70). MEVE, it is likely to alter the previous more sun and wind that dry the soil and Clearing for fuel reduction impacts A. regime of infrequent fires occurring the A. schmolliae seedlings. In addition schmolliae in the following ways: (1) during extremely dry periods to a new to invasion by cheatgrass, removal of Above-ground stems are directly regime of frequent fires. Because the woody vegetation appears to result in removed; (2) plants that resprout the native flora is adapted to the historical competitive release of native grasses. In following spring have less water fire regime, a change of this kind could sites where no seeding has been done, available because the soil dries due to produce rapid and irreversible removal of woody vegetation favors Poa exposure to sun and wind; and (3) degradation of native vegetation in the fendleriana (muttongrass), the most invasive weeds, the native grass P. park (Floyd et al. 2006, p. 257). We common grass species on Mesa Verde fendleriana, and seeded native grasses believe this could be the case in (Anderson 2004, p. 73). This response is provide increased competition. Astragalus schmolliae habitat. seen in mechanical fuels reduction areas However, we have no data that indicates Releases of two biological control on Chapin Mesa, where cover of P. the degree to which these impacts are weevils on Carduus nutans have been fendleriana can approach 75 percent occurring or will occur in the future. highly effective in reducing the density, (Anderson 2004, p. 60). Density, Because clearing and prescribed burns vigor, and net fecundity of the thistle reproductive effort and vigor of A. affect 19 percent of the range of A. plants in Astragalus schmolliae habitat schmolliae appears low in these areas, schmolliae, we believe that clearing or on MEVE. Aerial seeding with native although there are few quantitative data burning for fire management may have grass species has provided effective with which to compare density. Plants a detrimental effect on the species. As competition for some of the weeds and were growing among large, crowded with wildfire, the indirect effect of improved the proportion of native to bunches of P. fendleriana and appeared facilitating invasion of the habitat by invasive plants (Nelligan 2010, p. 2). small and unhealthy (Anderson 2004, p. cheatgrass poses a threat to the species Post-fire weed control by aerial 73). This effect is probably due to because it increases the likelihood of seeding of native grasses, mechanical competition with P. fendleriana for more frequent fires. removal, herbicides, and bio-control has water and nutrients. On unburned Development of Infrastructure reduced competition by invasive weeds Chapin Mesa south of MEVE, density of other than cheatgrass, and there is little A. schmolliae was second only to P. As of 1980, about 17.7 ha (44 ac) of documentation of negative effects on fendleriana, as a dominant understory Astragalus schmolliae habitat was Astragalus schmolliae. We consider the plant (Colyer 2002, in Anderson 2004, graded or paved for roads within MEVE, impacts of these activities to be low, not p. 7). This may indicate that A. which was 1.7 percent of the habitat rising to the level of a threat to the schmolliae can recover from the initial known in the park at that time species. impact of native grass competition (Friedlander 1980, p. 78). As of 2010, following removal of the overstory about 36 ha (90 ac) or 4.5 percent of the Wildfire and Fuels Management woodland. known range of A. schmolliae within Wildfire management at MEVE Fuels management activities have had MEVE is classified as hardened surfaces, includes the creation of fire breaks, fire some direct and indirect impacts to i.e., roads, buildings, parking lots, water lines, and staging areas, all of which Astragalus schmolliae plants and tanks, trails, etc. (MEVE 2010, p. 1). A remove the mature pinyon-juniper habitat. Fuels management activities recent impact was the installation of woodland habitat for Astragalus occur in the summer and fall when thousands of meters of underground schmolliae. A cattle fence 4.2 km (2.6 impacts to mature A. schmolliae plants fiber optic cables throughout the mi) long separates the northern half of are diminished or negligible because the developed areas of the park (Anderson the species’ habitat on MEVE from the seeds have matured and plants are 2004, p. 70; Nelligan 2010, p. 2). southern half on the Tribal Park. MEVE dying back for the season. Direct Information on the number of plants created a fire break about 30 m (100 ft) impacts to the plants, such as trampling destroyed or new recruits that appeared wide along this fence by cutting all during the cutting and hauling out of following the installation is not vegetation to ground level. The break wood and slash and scorching during available (San Miguel 2010a, pers. covers about 14 ha (34 ac), or 0.9 prescribed burns, are short-term because comm.). percent of the species total habitat, at the plants will be able to resprout the It is likely that a small percentage of the center of distribution for A. following spring. Impacts to juvenile the Astragalus schmolliae population schmolliae. On the Tribal Park side of plants are not documented. Mechanical has been eliminated during the the fence, the pinyon-juniper woodland fuels reduction activities result in a low development of visitor facilities in

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MEVE. Regular maintenance and caused most A. schmolliae individuals 21 percent of the pinyon-juniper construction projects at MEVE will to remain dormant (Anderson 2004, p. woodland habitat for the species. continue to result in a small amount of 4). The total annual precipitation Another 19 percent has been burned plant mortality. Trampling of plants by measured at MEVE in 2002 was 28 cm and/or cleared to discourage further people using trails, roads, and picnic (11 in.), well below the average of 44 cm spread of wildfires within MEVE. Dense areas in the developed portion of MEVE (17.5 in.) for 1948 to 2003. However, stands of cheatgrass have invaded all of also eliminates a small number of plants there were 5 years between 1948 and these areas, which cover 53 percent of (Nelligan 2010, p. 2). Likewise on the 1989 in which MEVE received less than the habitat on MEVE, 40 percent of the Tribal Park, most foot traffic is limited 28 cm (11 in.). Tree ring analysis entire range of the species. Cheatgrass is to routes used by escorted tour groups indicates that droughts were as common highly flammable and greatly increases and, therefore, likely to have a very during the Ancestral Puebloan fire frequency on both burned and small impact on the species. occupation of MEVE, from nearby unburned but disturbed habitat. Trampling of plants by visitors and approximately A.D. 600 to A.D. 1300, as Although mature A. schmolliae plants staff is an ongoing impact that does not they are today. It is likely that drought recover strongly after fire, cheatgrass rise to the level of a threat because it is common enough that A. schmolliae competes with seedlings for water and affects plants in a very limited portion can recover from its effects (Anderson nutrients, and we are unsure of their of the species range in MEVE and in the 2004, p. 35), provided that severity and long-term reproductive success in open Tribal Park. Astragalus schmolliae may duration of drought does not exceed areas exposed to drying sun and wind. recover from this kind of disturbance if historical levels, or that threats such as Frequent fires are likely to prevent the below-ground parts are not weed invasion do not increase recovery of the pinyon-juniper damaged, or if undamaged plants significantly as a result. Periodic woodland. There are no landscape-scale remain nearby to provide a seed source drought causes A. schmolliae plants and methods known to be effective in and the disturbance is not constantly seedlings to dry out during a given year, controlling cheatgrass. Therefore, we repeated or followed up with additional and contributes to increased fire consider the dominance of cheatgrass in disturbances. One attempt to transplant frequency and weed invasion. We occupied A. schmolliae habitat to be a mature plants that were growing in a believe that drought has a low-level significant threat to the long-term planned construction area was direct impact on the species. It also survival of the species. Wildfires, unsuccessful because the taproots were facilitates cheatgrass invasion and prescribed fires, and clearings for fire severed (Nelligan 2010, p. 2). increased fire frequency and therefore is breaks are considered a moderate threat Construction of new roads, a visitor a threat to the species. to the species because they modify the center, and campground are ongoing in Projections for changes in climate habitat and facilitate the invasion of MEVE. Most of the new construction is within Astragalus schmolliae habitat are cheatgrass. outside of Astragalus schmolliae similar to those discussed above for Drought facilitates increased fire habitat. Most of the disturbance in Astragalus microcymbus. Overall, future frequency and, therefore, is found to be occupied habitat is related to a water projections for the Southwestern United a threat to the species. Climate change pipeline, and because it is directionally States include increased temperatures, may exacerbate the threat of cheatgrass drilled from one pad of about 4 by 24 more intense and longer-lasting heat invasion and more frequent wildfires, m (14 by 80 ft) alongside the park road, waves, and an increased probability of but we cannot foresee whether its effects the impact on the plants is negligible drought, that are worsened by higher are likely to threaten the continued (San Miguel 2010b, pers. comm.). temperatures, heavier downpours, existence of Astragalus schmolliae. The habitat for Astragalus schmolliae increased flooding, and increased The impact of infrastructure on tribal land is within the Tribal Park, erosion (Karl et al. 2009, pp. 129–134). development and visitor use is low. which is managed for protection of its Projections for western Colorado About 36 ha (90 ac) of Astragalus cultural and natural resources. It is an indicate that temperature could increase schmolliae habitat on MEVE have been undeveloped area without surfaced an average of 2.5 °C (4.5 °F) by 2050 used for roads, buildings, parking lots, roads or permanent facilities. We are not (UCAR 2009, pp. 1–14). etc., which is 2.3 percent of the species’ aware of any development activities on The increasing frequency of large- entire range. No permanent the Tribal Park that would impact A. scale fires is largely due to periodic development has occurred on the Tribal schmolliae (Mayo 2010, pers. comm.). drought conditions preceded by years of Park. Existing and foreseeable future Overall, the impact of existing wet climatic conditions that allowed development is considered a minor development appears low, impacting heavy fuel loads to accumulate (Floyd et impact that does not threaten the about 2.3 percent of the species’ entire al. 2006, p. 247). The specific continued existence of the species. range. MEVE will likely continue to combination of a wet season followed Post-fire weed control by aerial locate major facilities outside of by drought, which is likely to be seeding of native grasses, mechanical Astragalus schmolliae habitat, and exacerbated by climate change, is removal, herbicides, and bio-control has minimize infrastructure within the unpredictable at this time. We expect reduced competition by invasive weeds habitat in the future. Most of the habitat that A. schmolliae will be affected other than cheatgrass, and there is little within MEVE is protected from negatively by climate change effects on documentation of negative effects on development, being within a National precipitation, but the available Astragalus schmolliae. We consider the Park. Likewise, the Tribal Park is likely information is too speculative to impacts of these activities to be low, not to remain undeveloped (Mayo 2010, conclude that climate change now rising to the level of a threat to the pers. comm.). Therefore, development threatens the species. species. does not appear to constitute a threat to We find that Astragalus schmolliae is Summary of Factor A A. schmolliae, now nor is it likely to in threatened by the present or threatened the foreseeable future. The highest threat to Astragalus destruction, modification, or schmolliae habitat is the invasion of curtailment of the species’ habitat or Drought and Climate Change nonnative cheatgrass following range, and these threats are expected to Drought may affect Astragalus wildfires, prescribed fires, and fire break continue or increase in the foreseeable schmolliae. In 2002, severe drought clearings. Recent wildfires have burned future.

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Factor B. Overutilization for occurs in a small portion of the species’ occupied habitat is for no ground- Commercial, Recreational, Scientific, or habitat and is conducted so as to disturbing activities. Grazing is allowed Educational Purposes minimize impacts to the species. (Clow 2010, pers. comm.), but we do not We are not aware of any threats Accordingly, we find no evidence that believe it substantially impacts the involving the overutilization or predation or disease are a threat to A. species. The Ute Mountain Ute Tribe is collection of Astragalus schmolliae for schmolliae now, nor are they expected drafting a management plan for species any commercial, recreational, scientific, to become so in the foreseeable future. at risk that will include monitoring of A. or educational purposes. Therefore, we Factor D. Inadequacy of Existing schmolliae plants and habitat. The final do not consider overutilization to be a Regulatory Mechanisms draft plan may be completed in 2010 or threat to the species now, nor is it 2011 (Clow 2010, pers. comm.). The No local, State, or Federal laws or expected to become so in the foreseeable management plan will assist us in better regulations specifically protect future. understanding the extent to which the Astragalus schmolliae. The National Tribe plans to conserve the species and Factor C. Disease or Predation Park Service Organic Act (1916, p. 1) its habitat. No diseases are known to affect states that wildlife are to be conserved Despite the positive management for Astragalus schmolliae. Therefore, we do and left unimpaired for future Astragalus schmolliae that occurs not consider disease to be a threat to the generations to enjoy. The MEVE mission within MEVE and the Tribal Park, no species now, nor is it expected to is to preserve and protect more than formal plans are in place for mitigation become so in the foreseeable future. 4,000 archeological sites and also to of threats from cheatgrass and other fire protect wildlife, birds, and other natural effects. Herbivory resources from willful destruction, Seed predation by snout beetles or disturbance, and removal (National Park Summary of Factor D weevils caused loss of seeds in about Service 2010, p. 1). The plants are We expect that Astragalus schmolliae 12.5 percent of Astragalus schmolliae protected from visitor impacts in habitat on the Tribal Park is generally plants in plots sampled in 1980 undeveloped areas of MEVE by protected from human disturbance by (Friedlander 1980, p. 64). Beetle regulations that restrict visitor access to tribal regulations that do not allow predation has not been observed again designated trails, roads, and public access or unauthorized activities. since 1980, and is not considered a campgrounds to protect cultural Human impacts in undeveloped areas of threat to the species. Anderson (2001, p. resources. Visitors found hiking off MEVE are minimized by regulations that 11) reported severe defoliation of A. developed areas or designated trails restrict visitor access to designated schmolliae by larvae of the clouded when not accompanied by a uniformed trails, roads, and campgrounds to sulfur butterfly (Colias philodice). National Park Service employee are protect cultural resources. While Aphids also appeared to have an impact subject to penalties provided for in title currently needed management actions on reproductive output for this species 36 of the Code of Federal Regulations are ongoing and management plans have (Anderson 2001, p. 11). These events (maximum fine of $500 and 6 months been drafted, no plans, policies, or were unusual, and insect predation is imprisonment). The MEVE does not regulations have been signed and considered a low-level impact that does have a management plan specific to A. implemented for the specific purpose of not rise to the level of a threat. schmolliae, nor do their draft fire monitoring and protecting A. schmolliae Herbivores such as mule deer management plans or draft weed from cheatgrass invasion and recurrent (Odocoileus hemionus) and cottontail management plans specifically mention fires. We anticipate that MEVE and the rabbits (Sylvilagus audubonii) browse management for this species (San Ute Mountain Ute Tribe will formalize on Astragalus schmolliae foliage, Miguel 2010a, pers. comm.). The draft their management plans within the near flowers, seed pods, and seedlings. fire management plan does not have any future. Seedling mortality due to herbivory by specific mention of managing for this The existing suite of local, State, and ‘‘ rabbits or deer may be 1 to 10 percent species because it would be expected to Federal laws that we evaluated do not (Anderson 2004, p. 40). Feral horses and respond to fuels treatments and fire address the primary threat to Astragalus stray cattle graze within the species’ much the same as most other native schmolliae of cheatgrass invasion perennial forbs’’ (Nelligan 2010, p. 3). range, including the burned areas, but following fire. Additionally, the existing We believe that this approach is there is no evidence that they consume plans rely on the resilience of the plants inadequate because cheatgrass invasion many A. schmolliae. Mature plants and their ability to resprout after will lead to more frequent and recurrent usually resprout the following spring impacts, which is insufficient to provide fires. These draft plans include rare after browsing by animals (Nelligan for their recovery post-fire. Therefore, plant surveys and avoidance (Nelligan 2010, p. 1). Because the most abundant we find that the existing regulatory 2010, p. 4.), but the plans are not grass (Poa fendleriana) associated with mechanisms for the species are finalized. The MEVE gives A. A. schmolliae on the Tribal Park is inadequate and do not address the schmolliae special consideration when highly palatable to cattle, grazing does threats to the continued existence of the planning park projects in an effort to not appear to be an issue in the southern species. portion of its range. Grazing by livestock minimize impacts to the species is not permitted in MEVE. We consider (Nelligan 2010, p. 3). In 2010, MEVE Factor E. Other Natural or Manmade herbivory an ongoing low-level impact will begin developing a specific Factors Affecting Its Continued to the species that does not rise to the management/conservation plan for A. Existence level of a threat. schmolliae (Nelligan 2010, p. 3). The habitat for Astragalus schmolliae Restricted Range Summary of Factor C on the Tribal Park is maintained as part The global range of Astragalus No diseases are known to affect of a 50,586-ha (125,000-ac) undeveloped schmolliae is restricted to pinyon- Astragalus schmolliae. With very little area to protect cultural and juniper woodlands on about 1,619 ha herbivory observed or documented, environmental resources. Visitors are (4,000 ac) on 3 adjacent mesas. It does predation does not appear to pose a allowed only on guided tours. The not grow in grasslands below the mesas threat to A. schmolliae. Herbicide use management goal for A. schmolliae or in adjacent shrublands at higher

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elevation on the mesas, nor has it been Summary of Factor E is likely to increase given its rapid found in pinyon-juniper woodlands on spread and persistence in habitat The small range of Astragalus nearby mesas. Such a restricted range disturbed by wildfires, fire and fuels schmolliae makes it vulnerable to makes the species vulnerable to habitat management and development of existing and future threats, but does not modification caused by wildfire, infrastructure, and the inability of land cheatgrass invasion, increased drought, constitute a threat in itself. Herbicide is used within the habitat, but is not managers to control it on a landscape and climate change, but is not scale. Threats to A. schmolliae and its considered a threat in itself. known to affect the species. We are not aware of any other natural or manmade habitat from nonnative plant invasion Herbicides factors affecting the species’ continued following wildfires and fire and fuels Less than 10 percent of Astragalus existence that present a current or management currently affect about 53 schmolliae habitat on MEVE has been potential threat to A. schmolliae. percent (431 ha (1,066 ac)) of the sprayed with herbicide to control Therefore, we do not consider other species’ range on MEVE and 26 percent identified high-density stands of natural or manmade factors affecting the (212 ha (524 ac)) on the Tribal Park for Cirsium canadense. These herbicide continued existence of the species to be a total of 40 percent of the species entire applications have been performed a threat now or within the foreseeable known range (Table 8). Fires, fire break carefully to minimize overspray that future. clearings, and drought are considered might land on native species (Nelligan General Threats Summary moderate threats to A. schmolliae. 2010, p. 2). We are not aware of any use Inadequate regulations are a low-level of herbicides on the tribal land habitat. Table 8 below provides an overview threat to the species. Other impacts not Because we have no information of the threats to Astragalus schmolliae. considered threats include post-fire indicating that herbicide use has Of these threats, we consider native grass seeding, thistle invasion, affected A. schmolliae, we do not degradation of habitat by fire followed infrastructure development, trampling, consider herbicide use to be a threat to by cheatgrass invasion and subsequent herbivory, weed treatments, and the species now or in the foreseeable increase in fire frequency to be the most pollinator availability. future. significant threats (Table 8). Cheatgrass TABLE 8—THREAT SUMMARY FOR FACTORS AFFECTING Astragalus schmolliae

Listing Threat or Scope of threat or Likelihood of Species’ Foreseeable factor impact impact Intensity Exposure (%) exposure response future Overall threat

A ...... Nonnative Moderate ...... High ...... 40 ...... High ...... Increased fire Increasing with High. Invasive frequency. rapid in- Cheatgrass. crease pos- sible. A ...... Wildfires ...... Moderate ...... Moderate ...... 21 ...... High ...... Strong re- More frequent Moderate. growth, un- known net reproduction, Increased cheatgrass & fire fre- quency. A ...... Prescribed Low ...... Moderate ...... 0.37 + 0.34 ..... High ...... Strong re- Continue ...... Moderate. burns com- growth, un- pleted + pro- known net posed. reproduction, Increased cheatgrass & fire fre- quency. A ...... Fire break Low ...... Low ...... 18 + 0.25 ...... High ...... Outcompeted Continue ...... Moderate. clearing by grasses, completed + decline of proposed. growth, in- creased cheatgrass. A ...... Nonnative Low ...... Moderate ...... 5 ...... High ...... Competition .... Decline ...... None. Invasive this- tles. A ...... Periodic Moderate ...... Moderate ...... 100 ...... Moderate ...... Plants fail to Unpredictable Moderate. Drought. sprout, or but likely to seedlings increase. dry up. In- creased cheatgrass & fire fre- quency. A ...... Climate Moderate? ...... Moderate? ...... 100 ...... Moderate ...... Increased fire Climate mod- Moderate? Change. frequency. els predict 40-year changes. A ...... Infrastructure Low ...... Low ...... 2.3 ...... Moderate ...... Loss of habitat, Small increase None. Development. loss of plants. A ...... Trampling ...... Low ...... Low ...... 1 ...... Moderate ...... Loss of plants Small increase None.

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TABLE 8—THREAT SUMMARY FOR FACTORS AFFECTING ASTRAGALUS SCHMOLLIAE—Continued

Listing Threat or Scope of threat or Likelihood of Species’ Foreseeable factor impact impact Intensity Exposure (%) exposure response future Overall threat

A ...... Native Grass Moderate ...... Low ...... 21 ...... High ...... Competition .... Continue ...... None. Seeding Post-fire. B ...... None ...... 0 ...... Not likely to None. change. C ...... Herbivory ...... Low ...... Low ...... ? ...... Low ...... Plants re- Likely to con- None. sprout, seed- tinue & fluc- lings de- tuate with stroyed. herbivore population. C ...... Chemical & Low ...... Low ...... 7 ...... Moderate ...... Some mor- Continue ...... None. Mechanical tality, strong Weed Treat- regrowth by ment. survivors. D ...... National Park Moderate ...... Low ...... 50 ...... Moderate ...... No manage- Stronger pro- Low. Laws & Reg- ment plan tection. ulations. for species. D ...... Tribal Laws & Moderate ...... Low ...... 50 ...... Moderate ...... No manage- Increase man- Low. Regulations. ment or agement ac- monitoring. tions. E ...... Limited Range High ...... Low ...... 100 ...... High ...... No range ex- Increased ef- None. pansion. fect with drought & climate change. E ...... Pollinator Low ...... Low ...... 22 ...... Low ...... Decreased Increase with None. Availability. seed produc- fire. tion. Listing factors include: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. ? indicates significant uncertainty.

Finding (2) it competes with seedlings and qualified species from the Lists of Endangered and Threatened Wildlife As required by the Act, we considered resprouting adult plants for water and and Plants. the five factors in assessing whether nutrients; (3) no landscape-scale We have reviewed the available Astragalus schmolliae is endangered or successful control methods are available; and (4) the proven ability of information to determine if the existing threatened throughout all or a and foreseeable threats render the significant portion of its range. We cheatgrass to alter fire frequency, thereby facilitating further rapid spread, species at risk of extinction now, such carefully examined the best available that issuing an emergency regulation scientific and commercial information threatens both burned and previously unburned occupied habitat. We temporarily listing the species, as per regarding the past, present, and future section 4(b)(7) of the Act, is warranted. threats faced by the species. We conclude that cheatgrass invasion is likely to cause fire frequency to We determined that issuing an reviewed the petition, information emergency regulation temporarily available in our files, other available increase, with the result that only small patches of undisturbed habitat will listing the species is not warranted at published and unpublished this time, because the threats acting on information, and we consulted with A. remain for A. schmolliae within the foreseeable future. the species are not immediately schmolliae experts and other Tribal, impacting all of the species across its Because no regulations exist that State, and Federal agencies. range to the point where the species will address the primary threat to the species Threats to Astragalus schmolliae and be immediately lost. However, if at any of cheatgrass invasion following its habitat from nonnative cheatgrass time we determine that issuing an wildfires, fire and fuels and invasion following wildfires and emergency regulation temporarily management, and drought, we find that management of fire and fuels currently listing Astragalus schmolliae is the existing regulatory mechanisms for affect about 40 percent of the species warranted, we will initiate this action at the species are inadequate, and entire known range. Drought is a threat that time. that facilitates cheatgrass invasion and represent a threat of low magnitude. increased fire frequency. Frequent On the basis of the best scientific and Listing Priority Number wildfires, and at more frequent intervals commercial information available, we The Service adopted guidelines on than historically, have burned the find that listing of the Astragalus September 21, 1983 (48 FR 43098) to pinyon-juniper forest habitat of A. schmolliae as endangered or threatened establish a rational system for utilizing schmolliae in the past two decades. is warranted. We will make a available resources for the highest Burned areas and fire breaks are being determination on the status of the priority species when adding species to invaded by weedy species, especially species as endangered or threatened the Lists of Endangered or Threatened cheatgrass. We consider the invasion of during the proposed listing process. As Wildlife and Plants or reclassifying nonnative weedy plants, particularly explained in more detail below, an species listed as threatened to cheatgrass, to be a threat of high immediate proposal of a regulation endangered status. These guidelines, magnitude to A. schmolliae because: (1) implementing this action is precluded titled ‘‘Endangered and Threatened Cheatgrass has invaded all of the burned by higher priority listing actions, and Species Listing and Recovery Priority and disturbed habitat of A. schmolliae; progress is being made to add or remove Guidelines’’ address the immediacy and

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magnitude of threats, and the level of Mountain Ute Tribe will formalize and Preclusion and Expeditious Progress taxonomic distinctiveness by assigning implement their management plans Preclusion is a function of the listing priority in descending order to within the near future. priority of a species in relation to the monotypic genera (genus with one Under our LPN guidelines, the second resources that are available and the cost species), full species, and subspecies (or criterion we consider in assigning a and relative priority of competing equivalently, distinct population listing priority is the immediacy of demands for those resources. Thus, in segments of vertebrates). any given fiscal year (FY), multiple As a result of our analysis of the best threats. This criterion is intended to factors dictate whether it will be available scientific and commercial ensure that the species facing actual, possible to undertake work on a listing information, we have assigned identifiable threats are given priority proposal regulation or whether Astragalus schmolliae a Listing Priority over those for which threats are only promulgation of such a proposal is Number (LPN) of 8, based on our potential or that are intrinsically precluded by higher-priority listing finding that the species faces threats vulnerable but are not known to be presently facing such threats. We actions. that are of moderate magnitude and are The resources available for listing imminent. These threats include the consider all of the threats to be actions are determined through the present or threatened destruction, imminent because we have factual annual Congressional appropriations modification or curtailment of its information that the threats are process. The appropriation for the habitat and the inadequacy of existing identifiable and that the species is Listing Program is available to support regulatory mechanisms. These threats currently facing them in many portions work involving the following listing are ongoing and, in some cases (such as of its range. These actual, identifiable actions: Proposed and final listing rules; nonnative species), are considered threats are covered in greater detail in 90-day and 12-month findings on irreversible because large-scale Factors A and D of this finding. All of petitions to add species to the Lists of invasions cannot be recovered to a the threats are ongoing and, therefore, Endangered and Threatened Wildlife native functioning ecosystem. Our imminent, although the likelihood and Plants (Lists) or to change the status rationale for assigning A. schmolliae an varies (Table 8). In addition to their of a species from threatened to LPN of 8 is outlined below. current existence, we expect these endangered; annual ‘‘resubmitted’’ Under the Service’s guidelines, the threats, except for inadequate magnitude of threat is the first criterion petition findings on prior warranted- regulations, to continue and likely but-precluded petition findings as we look at when establishing a listing intensify in the foreseeable future. priority. The guidance indicates that required under section 4(b)(3)(C)(i) of species with the highest magnitude of The third criterion in our Listing the Act; critical habitat petition threat are those species facing the Priority Number guidance is intended to findings; proposed and final rules greatest threats to their continued devote resources to those species designating critical habitat; and existence. These species receive the representing highly distinctive or litigation-related, administrative, and highest listing priority. We consider the isolated gene pools as reflected by program-management functions threats that Astragalus schmolliae faces taxonomy. Astragalus schmolliae is a (including preparing and allocating to be moderate in magnitude because valid taxon at the species level and, budgets, responding to Congressional the major threats (weed invasion therefore, receives a higher priority than and public inquiries, and conducting facilitated by fire, management of fire subspecies, but a lower priority than public outreach regarding listing and and fuels management, and drought, species in a monotypic genus. critical habitat). The work involved in plus inadequacy of existing regulatory Therefore, we assigned A. schmolliae an preparing various listing documents can mechanisms), while serious and LPN of 8. be extensive and may include, but is not occurring rangewide, do not collectively We will continue to monitor the limited to: Gathering and assessing the rise to the level of high magnitude. For threats to Astragalus schmolliae and the best scientific and commercial data example, the last known populations are species’ status on an annual basis, and available and conducting analyses used not about to be completely lost due to should the magnitude or the imminence as the basis for our decisions; writing the effects of wildfires. of the threats change, we will revisit our and publishing documents; and The magnitude of threat Factor A is assessment of the LPN. obtaining, reviewing, and evaluating considered moderate because about 40 public comments and peer review percent of Astragalus schmolliae habitat While we conclude that listing comments on proposed rules and has been modified by fires and fire- Astragalus schmolliae is warranted, an incorporating relevant information into related activities, followed by immediate proposal to list this species final rules. The number of listing unprecedented invasion by cheatgrass, is precluded by other higher priority actions that we can undertake in a given facilitated by drought. Factor A is listings, which we address in the year also is influenced by the shown to have occurred in the past, and Preclusion and Expeditious Progress complexity of those listing actions; that it is clearly a threat today and into the section below. Because we have is, more complex actions generally are future. These impacts affect the assigned A. schmolliae an LPN of 8, more costly. The median cost for competitive ability and reproductive work on a proposed listing preparing and publishing a 90-day success of A. schmolliae individuals, determination for A. schmolliae is finding is $39,276; for a 12-month and increase the likelihood of more precluded by work on higher priority finding, $100,690; for a proposed rule frequent fire intervals in the future. listing actions with absolute statutory, with critical habitat, $345,000; and for The magnitude of threat Factor D is court-ordered, or court-approved a final listing rule with critical habitat, considered low. While no plans, deadlines and final listing the median cost is $305,000. policies, or regulations have been signed determinations for those species that We cannot spend more than is and implemented for the specific were proposed for listing with funds appropriated for the Listing Program purpose of monitoring and protecting from fiscal year (FY) 2010. This work without violating the Anti-Deficiency Astragalus schmolliae from cheatgrass includes all the actions listed in the Act (see 31 U.S.C. 1341(a)(1)(A)). In invasion and recurrent fires, we tables below under expeditious progress addition, in FY 1998 and for each fiscal anticipate that MEVE and the Ute (see Tables 9 and 10). year since then, Congress has placed a

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statutory cap on funds which may be which established the current statutory FY 2011, we will fund listing work expended for the Listing Program, equal deadlines and the warranted-but- based on the FY 2010 amount. In 2009, to the amount expressly appropriated precluded finding, states that the the responsibility for listing foreign for that purpose in that fiscal year. This amendments were ‘‘not intended to species under the Act was transferred cap was designed to prevent funds allow the Secretary to delay from the Division of Scientific appropriated for other functions under commencing the rulemaking process for Authority, International Affairs the Act (for example, recovery funds for any reason other than that the existence Program, to the Endangered Species removing species from the Lists), or for of pending or imminent proposals to list Program. Therefore, starting in FY 2010, other Service programs, from being used species subject to a greater degree of we use a portion of our funding to work for Listing Program actions (see House threat would make allocation of on the actions described above as they Report 105–163, 105th Congress, 1st resources to such a petition [that is, for apply to listing actions for foreign Session, July 1, 1997). a lower-ranking species] unwise.’’ species. This has the potential to further Since FY 2002, the Service’s budget Although that statement appeared to reduce funding available for domestic has included a critical habitat subcap to refer specifically to the ‘‘to the listing actions. Although there are ensure that some funds are available for maximum extent practicable’’ limitation currently no foreign species issues other work in the Listing Program (‘‘The on the 90-day deadline for making a included in our high-priority listing critical habitat designation subcap will ‘‘substantial information’’ finding, that actions at this time, many actions have ensure that some funding is available to finding is made at the point when the statutory or court-approved settlement address other listing activities’’ (House Service is deciding whether or not to deadlines, thus increasing their priority. Report No. 107—103, 107th Congress, commence a status review that will The budget allocations for each specific 1st Session, June 19, 2001)). In FY 2002 determine the degree of threats facing listing action are identified in the and each year until FY 2006, the Service the species, and therefore the analysis Service’s FY 2011 Allocation Table (part has had to use virtually the entire underlying the statement is more of our administrative record). critical habitat subcap to address court- relevant to the use of the warranted-but- Based on our September 21, 1983, mandated designations of critical precluded finding, which is made when guidance for assigning an LPN for each habitat, and consequently none of the the Service has already determined the candidate species (48 FR 43098), we critical habitat subcap funds have been degree of threats facing the species and have a significant number of species available for other listing activities. In is deciding whether or not to commence with a LPN of 2. Using this guidance, some FYs since 2006, we have been able a rulemaking. we assign each candidate an LPN of 1 to use some of the critical habitat In FY 2010, $10,471,000 is the to 12, depending on the magnitude of subcap funds to fund proposed listing amount of money that Congress threats (high or moderate to low), determinations for high-priority appropriated for the Listing Program immediacy of threats (imminent or candidate species. In other FYs, while (that is, the portion of the Listing nonimminent), and taxonomic status of we were unable to use any of the critical Program funding not related to critical the species (in order of priority: habitat subcap funds to fund proposed habitat designations for species that are Monotypic genus (a species that is the listing determinations, we did use some already listed). Therefore, a proposed sole member of a genus); species; or part of this money to fund the critical habitat listing is precluded if pending proposals of a species (subspecies, distinct portion of some proposed listing with higher priority will require population segment, or significant determinations so that the proposed expenditure of at least $10,471,000, and portion of the range)). The lower the listing determination and proposed expeditious progress is the amount of listing priority number, the higher the critical habitat designation could be work that can be achieved with listing priority (that is, a species with an combined into one rule, thereby being $10,471,000. Since court orders LPN of 1 would have the highest listing more efficient in our work. In FY 2011 requiring critical habitat work will not priority). we anticipate that we will be able to use require use of all of the funds within the Because of the large number of high- some of the critical habitat subcap funds critical habitat subcap, we used priority species, we have further ranked to fund proposed listing determinations. $1,114,417 of our critical habitat subcap the candidate species with an LPN of 2 We make our determinations of funds in order to work on as many of by using the following extinction-risk preclusion on a nationwide basis to our required petition findings and type criteria: International Union for the ensure that the species most in need of listing determinations as possible. This Conservation of Nature and Natural listing will be addressed first and also brings the total amount of funds we had Resources (IUCN) Red list status/rank, because we allocate our listing budget for listing actions in FY 2010 to Heritage rank (provided by on a nationwide basis. Through the $11,585,417. NatureServe), Heritage threat rank listing cap, the critical habitat subcap, The $11,585,417 was used to fund (provided by NatureServe), and species and the amount of funds needed to work in the following categories: currently with fewer than 50 address court-mandated critical habitat Compliance with court orders and individuals, or 4 or fewer populations. designations, Congress and the courts court-approved settlement agreements Those species with the highest IUCN have in effect determined the amount of requiring that petition findings or listing rank (critically endangered), the highest money available for other listing determinations be completed by a Heritage rank (G1), the highest Heritage activities nationwide. Therefore, the specific date; section 4 (of the Act) threat rank (substantial, imminent funds in the listing cap, other than those listing actions with absolute statutory threats), and currently with fewer than needed to address court-mandated deadlines; essential litigation-related, 50 individuals, or fewer than 4 critical habitat for already listed species, administrative, and listing program- populations, originally comprised a set the limits on our determinations of management functions; and high- group of approximately 40 candidate preclusion and expeditious progress. priority listing actions for some of our species (‘‘Top 40’’). These 40 candidate Congress identified the availability of candidate species. For FY 2011, on species have had the highest priority to resources as the only basis for deferring September 29, 2010, Congress passed a receive funding to work on a proposed the initiation of a rulemaking that is continuing resolution which provides listing determination. As we work on warranted. The Conference Report funding at the FY 2010 enacted level. proposed and final listing rules for those accompanying Public Law 97–304, Until Congress appropriates funds for 40 candidates, we apply the ranking

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criteria to the next group of candidates a ‘‘species’’ facing imminent moderate- minimize the amount of time and with an LPN of 2 and 3 to determine the magnitude threats is assigned an LPN of resources required to complete each next set of highest priority candidate 7, 8, or 9 depending on its taxonomic listing action. species. Finally, proposed rules for status. Because both A. microcymbus As explained above, a determination reclassification of threatened species to and A. schmolliae are species, we that listing is warranted but precluded endangered are lower priority, since as assigned an LPN of 8 to each. Therefore, must also demonstrate that expeditious listed species, they are already afforded work on a proposed listing the protection of the Act and determination for A. microcymbus and progress is being made to add and implementing regulations. However, for A. schmolliae is precluded by work on remove qualified species to and from efficiency reasons, we may choose to higher priority candidate species (i.e., the Lists of Endangered and Threatened work on a proposed rule to reclassify a species with LPN of 7); listing actions Wildlife and Plants. As with our species to endangered if we can with absolute statutory, court ordered, ‘‘precluded’’ finding, the evaluation of combine this with work that is subject or court-approved deadlines; and final whether progress in adding qualified to a court-determined deadline. listing determinations for those species species to the Lists has been expeditious We assigned both Astragalus that were proposed for listing with is a function of the resources available microcymbus and A. schmolliae an LPN funds from previous FYs. This work for listing and the competing demands of 8. For A. microcymbus, this is based includes all the actions listed in the for those funds. (Although we do not on our finding that the species faces tables below under expeditious discuss it in detail here, we are also immediate and moderate magnitude progress. making expeditious progress in threats from the present or threatened With our workload so much bigger removing species from the list under the destruction, modification or curtailment than the amount of funds we have to Recovery program in light of the of its habitat; predation; the inadequacy accomplish it, it is important that we be resource available for delisting, which is of existing regulatory mechanisms; and as efficient as possible in our listing funded by a separate line item in the other natural or man-made factors process. Therefore, as we work on budget of the Endangered Species affecting its continued existence. In the proposed rules for the highest priority Program. During FY 2010, we have case of A. schmolliae, this is based on species in the next several years, we are our finding that the species faces preparing multi-species proposals when completed two proposed delisting rules immediate and moderate magnitude appropriate, and these may include and two final delisting rules.) Given the threats from the present or threatened species with lower priority if they limited resources available for listing, destruction, modification or curtailment overlap geographically or have the same we find that we made expeditious of its habitat and the inadequacy of threats as a species with an LPN of 2. progress in FY 2010 in the Listing existing regulatory mechanisms. These In addition, we take into consideration Program and are making expeditious threats are ongoing and, in some cases the availability of staff resources when progress in FY 2011. This progress (e.g., nonnative species), considered we determine which high-priority included preparing and publishing the irreversible. Under our 1983 Guidelines, species will receive funding to following determinations:

FY 2010 AND FY 2011 COMPLETED LISTING ACTIONS

Publication date Title Actions FR Pages

10/08/2009 ...... Listing Lepidium papilliferum (Slickspot Final Listing Threatened ...... 74 FR 52013–52064 Peppergrass) as a Threatened Species Throughout Its Range. 10/27/2009 ...... 90-day Finding on a Petition To List the Notice of 90-day Petition Finding, Not sub- 74 FR 55177–55180 American Dipper in the Black Hills of South stantial. Dakota as Threatened or Endangered. 10/28/2009 ...... Status Review of Arctic Grayling (Thymallus Notice of Intent to Conduct Status Review for 74 FR 55524–55525 arcticus) in the Upper Missouri River Sys- Listing Decision. tem. 11/03/2009 ...... Listing the British Columbia Distinct Popu- Proposed Listing Threatened ...... 74 FR 56757–56770 lation Segment of the Queen Charlotte Goshawk Under the Endangered Species Act: Proposed rule. 11/03/2009 ...... Listing the Salmon-Crested Cockatoo as Proposed Listing Threatened ...... 74 FR 56770–56791 Threatened Throughout Its Range with Special Rule. 11/23/2009 ...... Status Review of Gunnison sage-grouse Notice of Intent to Conduct Status Review for 74 FR 61100–61102 (Centrocercus minimus). Listing Decision. 12/03/2009 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Not war- 74 FR 63343–63366 Black-tailed Prairie Dog as Threatened or ranted. Endangered. 12/03/2009 ...... 90-Day Finding on a Petition to List Notice of 90-day Petition Finding, Substantial 74 FR 63337–63343 Sprague’s Pipit as Threatened or Endan- gered. 12/15/2009 ...... 90-Day Finding on Petitions To List Nine Notice of 90-day Petition Finding, Substantial 74 FR 66260–66271 Species of Mussels From Texas as Threat- ened or Endangered With Critical Habitat. 12/16/2009 ...... Partial 90-Day Finding on a Petition to List Notice of 90-day Petition Finding, Not sub- 74 FR 66865–66905 475 Species in the Southwestern United stantial and Substantial. States as Threatened or Endangered With Critical Habitat.

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FY 2010 AND FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR Pages

12/17/2009 ...... 12-month Finding on a Petition To Change Notice of 12-month petition finding, War- 74 FR 66937–66950 the Final Listing of the Distinct Population ranted but precluded. Segment of the Canada Lynx To Include New Mexico. 1/05/2010 ...... Listing Foreign Bird Species in Peru and Bo- Proposed Listing Endangered ...... 75 FR 605–649 livia as Endangered Throughout Their Range. 1/05/2010 ...... Listing Six Foreign Birds as Endangered Proposed Listing Endangered ...... 75 FR 286–310 Throughout Their Range. 1/05/2010 ...... Withdrawal of Proposed Rule to List Cook’s Proposed rule, withdrawal ...... 75 FR 310–316 Petrel. 1/05/2010 ...... Final Rule to List the Galapagos Petrel and Final Listing Threatened ...... 75 FR 235–250 Heinroth’s Shearwater as Threatened Throughout Their Ranges. 1/20/2010 ...... Initiation of Status Review for Agave Notice of Intent to Conduct Status Review for 75 FR 3190–3191 eggersiana and Solanum conocarpum. Listing Decision. 2/09/2010 ...... 12-month Finding on a Petition to List the Notice of 12-month petition finding, Not war- 75 FR 6437–6471 American Pika as Threatened or Endan- ranted. gered. 2/25/2010 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 75 FR 8601–8621 Sonoran Desert Population of the Bald ranted. Eagle as a Threatened or Endangered Dis- tinct Population Segment. 2/25/2010 ...... Withdrawal of Proposed Rule To List the Withdrawal of Proposed Rule to List ...... 75 FR 8621–8644 Southwestern Washington/Columbia River Distinct Population Segment of Coastal Cutthroat Trout (Oncorhynchus clarki clarki) as Threatened. 3/18/2010 ...... 90-Day Finding on a Petition to List the Berry Notice of 90-day Petition Finding, Substantial 75 FR 13068–13071 Cave salamander as Endangered. 3/23/2010 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Not sub- 75 FR 13717–13720 Southern Hickorynut Mussel (Obovaria stantial. jacksoniana) as Endangered or Threatened. 3/23/2010 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Substantial 75 FR 13720–13726 Striped Newt as Threatened. 3/23/2010 ...... 12-month Findings for Petitions to List the Notice of 12-month petition finding, War- 75 FR 13910–14014 Greater Sage-Grouse (Centrocercus ranted but precluded. urophasianus) as Threatened or Endan- gered. 3/31/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, War- 75 FR 16050–16065 Tucson Shovel-Nosed Snake (Chionactis ranted but precluded. occipitalis klauberi) as Threatened or En- dangered with Critical Habitat. 4/5/2010 ...... 90-Day Finding on a Petition To List Thorne’s Notice of 90-day Petition Finding, Substantial 75 FR 17062–17070 Hairstreak Butterfly as Threatened or En- dangered. 4/6/2010 ...... 12-month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 75 FR 17352–17363 Mountain Whitefish in the Big Lost River, ranted. Idaho, as Endangered or Threatened. 4/6/2010 ...... 90-Day Finding on a Petition to List a Notice of 90-day Petition Finding, Not sub- 75 FR 17363–17367 Stonefly (Isoperla jewetti) and a Mayfly stantial. (Fallceon eatoni) as Threatened or Endan- gered with Critical Habitat. 4/7/2010 ...... 12-Month Finding on a Petition to Reclassify Notice of 12-month petition finding, War- 75 FR 17667–17680 the Delta Smelt From Threatened to En- ranted but precluded. dangered Throughout Its Range. 4/13/2010 ...... Determination of Endangered Status for 48 Final Listing Endangered ...... 75 FR 18959–19165 Species on Kauai and Designation of Crit- ical Habitat. 4/15/2010 ...... Initiation of Status Review of the North Amer- Notice of Initiation of Status Review for List- 75 FR 19591–19592 ican Wolverine in the Contiguous United ing Decision. States. 4/15/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Not war- 75 FR 19592–19607 Wyoming Pocket Gopher as Endangered ranted. or Threatened with Critical Habitat. 4/16/2010 ...... 90-Day Finding on a Petition to List a Distinct Notice of 90-day Petition Finding, Substantial 75 FR 19925–19935 Population Segment of the Fisher in Its United States Northern Rocky Mountain Range as Endangered or Threatened with Critical Habitat. 4/20/2010 ...... Initiation of Status Review for Sacramento Notice of Initiation of Status Review for List- 75 FR 20547–20548 splittail (Pogonichthys macrolepidotus). ing Decision.

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FY 2010 AND FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR Pages

4/26/2010 ...... 90-Day Finding on a Petition to List the Har- Notice of 90-day Petition Finding, Substantial 75 FR 21568–21571 lequin Butterfly as Endangered. 4/27/2010 ...... 12-Month Finding on a Petition to List Su- Notice of 12-month petition finding, Not war- 75 FR 22012–22025 san’s Purse-making Caddisfly (Ochrotrichia ranted. susanae) as Threatened or Endangered. 4/27/2010 ...... 90-day Finding on a Petition to List the Mo- Notice of 90-day Petition Finding, Substantial 75 FR 22063–22070 have Ground Squirrel as Endangered with Critical Habitat. 5/4/2010 ...... 90-Day Finding on a Petition to List Hermes Notice of 90-day Petition Finding, Substantial 75 FR 23654–23663 Copper Butterfly as Threatened or Endan- gered. 6/1/2010 ...... 90-Day Finding on a Petition To List Notice of 90-day Petition Finding, Substantial 75 FR 30313–30318 Castanea pumila var. ozarkensis. 6/1/2010 ...... 12-month Finding on a Petition to List the Notice of 12-month petition finding, Not war- 75 FR 30338–30363 White-tailed Prairie Dog as Endangered or ranted. Threatened. 6/9/2010 ...... 90-Day Finding on a Petition To List van Notice of 90-day Petition Finding, Substantial 75 FR 32728–32734 Rossem’s Gull-billed Tern as Endangered or Threatened. 6/16/2010 ...... 90-Day Finding on Five Petitions to List Notice of 90-day Petition Finding, Substantial 75 FR 34077–34088 Seven Species of Hawaiian Yellow-faced Bees as Endangered. 6/22/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, War- 75 FR 35398–35424 Least Chub as Threatened or Endangered. ranted but precluded. 6/23/2010 ...... 90-Day Finding on a Petition to List the Hon- Notice of 90-day Petition Finding, Substantial 75 FR 35746–35751 duran Emerald Hummingbird as Endan- gered. 6/23/2010 ...... Listing Ipomopsis polyantha (Pagosa Sky- Proposed Listing Endangered Proposed List- 75 FR 35721–35746 rocket) as Endangered Throughout Its ing Threatened. Range, and Listing Penstemon debilis (Parachute Beardtongue) and Phacelia submutica (DeBeque Phacelia) as Threat- ened Throughout Their Range. 6/24/2010 ...... Listing the Flying Earwig Hawaiian Damselfly Final Listing Endangered ...... 75 FR 35990–36012 and Pacific Hawaiian Damselfly As Endan- gered Throughout Their Ranges. 6/24/2010 ...... Listing the Cumberland Darter, Rush Darter, Proposed Listing Endangered ...... 75 FR 36035–36057 Yellowcheek Darter, Chucky Madtom, and Laurel Dace as Endangered Throughout Their Ranges. 6/29/2010 ...... Listing the Mountain Plover as Threatened .... Reinstatement of Proposed Listing Threat- 75 FR 37353–37358 ened. 7/20/2010 ...... 90-Day Finding on a Petition to List Pinus Notice of 90-day Petition Finding, Substantial 75 FR 42033–42040 albicaulis (Whitebark Pine) as Endangered or Threatened with Critical Habitat. 7/20/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Not war- 75 FR 42040–42054 Amargosa Toad as Threatened or Endan- ranted. gered. 7/20/2010 ...... 90-Day Finding on a Petition to List the Giant Notice of 90-day Petition Finding, Substantial 75 FR 42059–42066 Palouse Earthworm (Driloleirus americanus) as Threatened or Endangered. 7/27/2010 ...... Determination on Listing the Black-Breasted Final Listing Endangered ...... 75 FR 43844–43853 Puffleg as Endangered Throughout its Range; Final Rule. 7/27/2010 ...... Final Rule to List the Medium Tree-Finch Final Listing Endangered ...... 75 FR 43853–43864 (Camarhynchus pauper) as Endangered Throughout Its Range. 8/3/2010 ...... Determination of Threatened Status for Five Final Listing Threatened ...... 75 FR 45497–45527 Penguin Species. 8/4/2010 ...... 90-Day Finding on a Petition To List the Notice of 90-day Petition Finding, Substantial 75 FR 46894–46898 Mexican Gray Wolf as an Endangered Subspecies With Critical Habitat. 8/10/2010 ...... 90-Day Finding on a Petition to List Notice of 90-day Petition Finding, Substantial 75 FR 48294–48298 Arctostaphylos franciscana as Endangered with Critical Habitat. 8/17/2010 ...... Listing Three Foreign Bird Species from Latin Final Listing Endangered ...... 75 FR 50813–50842 America and the Caribbean as Endangered Throughout Their Range. 8/17/2010 ...... 90-Day Finding on a Petition to List Brian Notice of 90-day Petition Finding, Not sub- 75 FR 50739–50742 Head Mountainsnail as Endangered or stantial. Threatened with Critical Habitat.

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FY 2010 AND FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR Pages

8/24/2010 ...... 90-Day Finding on a Petition to List the Okla- Notice of 90-day Petition Finding, Substantial 75 FR 51969–51974 homa Grass Pink Orchid as Endangered or Threatened. 9/1/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Not war- 75 FR 53615–53629 White-Sided Jackrabbit as Threatened or ranted. Endangered. 9/8/2010 ...... Proposed Rule To List the Ozark Hellbender Proposed Listing Endangered ...... 75 FR 54561–54579 Salamander as Endangered. 9/8/2010 ...... Revised 12-Month Finding to List the Upper Notice of 12-month petition finding, War- 75 FR 54707–54753 Missouri River Distinct Population Segment ranted but precluded. of Arctic Grayling as Endangered or Threatened. 9/9/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, War- 75 FR 54822–54845 Jemez Mountains Salamander (Plethodon ranted but precluded. neomexicanus) as Endangered or Threat- ened with Critical Habitat. 9/15/2010 ...... 12-Month Finding on a Petition to List Notice of 12-month petition finding, War- 75 FR 56028–56050 Sprague’s Pipit as Endangered or Threat- ranted but precluded. ened Throughout Its Range. 9/22/2010 ...... 12-Month Finding on a Petition to List Agave Notice of 12-month petition finding, War- 75 FR 57720–57734 eggersiana (no common name) as Endan- ranted but precluded. gered. 9/28/2010 ...... Determination of Endangered Status for the Final Listing Endangered ...... 75 FR 59645–59656 African Penguin. 9/28/2010 ...... Determination for the Gunnison Sage-grouse Notice of 12-month petition finding, War- 75 FR 59803–59863 as a Threatened or Endangered Species. ranted but precluded. 9/30/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Not war- 75 FR 60515–60561 Pygmy Rabbit as Endangered or Threat- ranted. ened. 10/6/2010 ...... Endangered Status for the Altamaha Proposed Listing Endangered ...... 75 FR 61664–61690 Spinymussel and Designation of Critical Habitat. 10/7/2010 ...... 12-month Finding on a Petition to list the Notice of 12-month petition finding, Not war- 75 FR 62070–62095 Sacramento Splittail as Endangered or ranted. Threatened. 10/28/2010 ...... Endangered Status and Designation of Crit- Proposed Listing Endangered (uplisting) ...... 75 FR 66481–66552 ical Habitat for Spikedace and Loach Min- now. 11/2/2010 ...... 90-Day Finding on a Petition to List the Bay Notice of 90-day Petition Finding, Not sub- 75 FR 67341–67343 Springs Salamander as Endangered. stantial. 11/2/2010 ...... Determination of Endangered Status for the Final Listing Endangered ...... 75 FR 67511–67550 Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail and Des- ignation of Critical Habitat. 11/2/2010 ...... Listing the Rayed Bean and Snuffbox as En- Proposed Listing Endangered ...... 75 FR 67551–67583 dangered. 11/4/2010 ...... 12-Month Finding on a Petition to List Notice of 12-month petition finding, War- 75 FR 67925–67944 Cirsium wrightii (Wright’s Marsh Thistle) as ranted but precluded. Endangered or Threatened.

Our expeditious progress also statutory timelines, that is, timelines a lower priority if they overlap includes work on listing actions that we required under the Act. Actions in the geographically or have the same threats funded in FY 2010 and FY 2011 but bottom section of the table are high- as the species with the high priority. have not yet been completed to date. priority listing actions. These actions Including these species together in the These actions are listed below. Actions include work primarily on species with same proposed rule results in in the top section of the table are being an LPN of 2, and, as discussed above, considerable savings in time and conducted under a deadline set by a selection of these species is partially funding, as compared to preparing court. Actions in the middle section of based on available staff resources, and separate proposed rules for each of them the table are being conducted to meet when appropriate, include species with in the future.

ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

6 Birds from Eurasia ...... Final listing determination. Flat-tailed horned lizard ...... Final listing determination. Mountain plover 4 ...... Final listing determination.

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ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

6 Birds from Peru ...... Proposed listing determination. Pacific walrus ...... 12-month petition finding. Wolverine ...... 12-month petition finding. Solanum conocarpum ...... 12-month petition finding. Desert tortoise—Sonoran population ...... 12-month petition finding. Thorne’s Hairstreak butterfly 3 ...... 12-month petition finding. Hermes copper butterfly 3 ...... 12-month petition finding. Utah prairie dog (uplisting) ...... 90-day petition finding.

Actions with Statutory Deadlines

Casey’s june beetle ...... Final listing determination. 7 Bird species from Brazil ...... Final listing determination. Southern rockhopper penguin—Campbell Plateau population ...... Final listing determination. 5 Bird species from Colombia and Ecuador ...... Final listing determination. Queen Charlotte goshawk ...... Final listing determination. 5 species southeast fish (Cumberland darter, rush darter, yellowcheek Final listing determination. darter, chucky madtom, and laurel dace) 4. Ozark hellbender 4 ...... Final listing determination. Altamaha spinymussel 3 ...... Final listing determination. 3 Colorado plants (Ipomopsis polyantha (Pagosa Skyrocket), Final listing determination. Penstemon debilis (Parachute Beardtongue), and Phacelia submutica (DeBeque Phacelia)) 4. Salmon crested cockatoo ...... Final listing determination. Loggerhead sea turtle (assist National Marine Fisheries Service) 5 ...... Final listing determination. 2 mussels (rayed bean (LPN = 2), snuffbox No LPN) 5 ...... Final listing determination. Mt Charleston blue 5 ...... Proposed listing determination. CA golden trout 4 ...... 12-month petition finding. Black-footed albatross ...... 12-month petition finding. Mount Charleston blue butterfly ...... 12-month petition finding. Mojave fringe-toed lizard 1 ...... 12-month petition finding. Kokanee—Lake Sammamish population 1 ...... 12-month petition finding. Cactus ferruginous pygmy-owl 1 ...... 12-month petition finding. Northern leopard frog ...... 12-month petition finding. Tehachapi slender salamander ...... 12-month petition finding. Coqui Llanero ...... 12-month petition finding/Proposed listing. Dusky tree vole ...... 12-month petition finding. 3 MT invertebrates (mist forestfly (Lednia tumana), Oreohelix sp.3, 12-month petition finding. Oreohelix sp. 31) from 206 species petition. 5 UT plants (Astragalus hamiltonii, Eriogonum soredium, Lepidium 12-month petition finding. ostleri, Penstemon flowersii, Trifolium friscanum) from 206 species petition. 2 CO plants (Astragalus microcymbus, Astragalus schmolliae) from 206 12-month petition finding. species petition. 5 WY plants (Abronia ammophila, Agrostis rossiae, Astragalus 12-month petition finding. proimanthus, Boechere (Arabis) pusilla, Penstemon gibbensii) from 206 species petition. Leatherside chub (from 206 species petition) ...... 12-month petition finding. Frigid ambersnail (from 206 species petition) 3 ...... 12-month petition finding. Platte River caddisfly (from 206 species petition) 5 ...... 12-month petition finding. Gopher tortoise—eastern population ...... 12-month petition finding. Grand Canyon scorpion (from 475 species petition) ...... 12-month petition finding. Anacroneuria wipukupa (a stonefly from 475 species petition) 4 ...... 12-month petition finding. Rattlesnake-master borer moth (from 475 species petition) 3 ...... 12-month petition finding. 3 Texas moths (Ursia furtiva, Sphingicampa blanchardi, Agapema 12-month petition finding. galbina) (from 475 species petition). 2 Texas shiners (Cyprinella sp., Cyprinella lepida) (from 475 species 12-month petition finding. petition). 3 South Arizona plants (Erigeron piscaticus, Astragalus hypoxylus, 12-month petition finding. Amoreuxia gonzalezii) (from 475 species petition). 5 Central Texas mussel species (3 from 475 species petition) ...... 12-month petition finding. 14 parrots (foreign species) ...... 12-month petition finding. Berry Cave salamander 1 ...... 12-month petition finding. Striped Newt 1 ...... 12-month petition finding. Fisher—Northern Rocky Mountain Range 1 ...... 12-month petition finding. Mohave Ground Squirrel 1 ...... 12-month petition finding. Puerto Rico Harlequin Butterfly 3 ...... 12-month petition finding. Western gull-billed tern ...... 12-month petition finding. Ozark chinquapin (Castanea pumila var. ozarkensis) 4 ...... 12-month petition finding. HI yellow-faced bees ...... 12-month petition finding. Giant Palouse earthworm ...... 12-month petition finding. Whitebark pine ...... 12-month petition finding.

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ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

OK grass pink (Calopogon oklahomensis) 1 ...... 12-month petition finding. Ashy storm-petrel 5 ...... 12-month petition finding. Southeastern pop snowy plover & wintering pop. of piping plover 1 ...... 90-day petition finding. Eagle Lake trout 1 ...... 90-day petition finding. Smooth-billed ani 1 ...... 90-day petition finding. 32 Pacific Northwest mollusks species (snails and slugs) 1 ...... 90-day petition finding. 42 snail species (Nevada & Utah) ...... 90-day petition finding. Red knot roselaari subspecies ...... 90-day petition finding. Peary caribou ...... 90-day petition finding. Plains bison ...... 90-day petition finding. Spring Mountains checkerspot butterfly ...... 90-day petition finding. Spring pygmy sunfish ...... 90-day petition finding. Bay skipper ...... 90-day petition finding. Unsilvered fritillary ...... 90-day petition finding. Texas kangaroo rat ...... 90-day petition finding. Spot-tailed earless lizard ...... 90-day petition finding. Eastern small-footed bat ...... 90-day petition finding. Northern long-eared bat ...... 90-day petition finding. Prairie chub ...... 90-day petition finding. 10 species of Great Basin butterfly ...... 90-day petition finding. 6 sand dune (scarab) beetles ...... 90-day petition finding. Golden-winged warbler 4 ...... 90-day petition finding. Sand-verbena moth ...... 90-day petition finding. 404 Southeast species ...... 90-day petition finding. Franklin’s bumble bee 4 ...... 90-day petition finding. 2 Idaho snowflies (straight snowfly & Idaho snowfly) 4 ...... 90-day petition finding. American eel 4 ...... 90-day petition finding. Gila monster (Utah population) 4 ...... 90-day petition finding. Arapahoe snowfly 4 ...... 90-day petition finding. Leona’s little blue 4 ...... 90-day petition finding. Aztec gilia 5 ...... 90-day petition finding. White-tailed ptarmigan 5 ...... 90-day petition finding. San Bernardino flying squirrel 5 ...... 90-day petition finding. Bicknell’s thrush 5 ...... 90-day petition finding. Sonoran talussnail 5 ...... 90-day petition finding. 2 AZ Sky Island plants (Graptopetalum bartrami & Pectis imberbis) 5 .... 90-day petition finding. I’iwi 5 ...... 90-day petition finding.

High-Priority Listing Actions

19 Oahu candidate species 2 (16 plants, 3 damselflies) (15 with LPN = Proposed listing. 2, 3 with LPN = 3, 1 with LPN =9). 19 Maui-Nui candidate species 2 (16 plants, 3 tree snails) (14 with LPN Proposed listing. = 2, 2 with LPN = 3, 3 with LPN = 8). Dune sagebrush lizard (formerly Sand dune lizard) 4 (LPN = 2) ...... Proposed listing. 2 Arizona springsnails 2 (Pyrgulopsis bernadina (LPN = 2), Pyrgulopsis Proposed listing. trivialis (LPN = 2)). New Mexico springsnail 2 (Pyrgulopsis chupaderae (LPN = 2) ...... Proposed listing. 2 mussels 2 (sheepnose (LPN = 2), spectaclecase (LPN = 4)) ...... Proposed listing. 8 Gulf Coast mussels (southern kidneyshell (LPN = 2), round Proposed listing. ebonyshell (LPN = 2), Alabama pearlshell (LPN = 2), southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11)) 4. Umtanum buckwheat (LPN = 2) 4 ...... Proposed listing. Grotto sculpin (LPN = 2) 4 ...... Proposed listing. 2 Arkansas mussels (Neosho mucket (LPN = 2) & Rabbitsfoot (LPN = Proposed listing. 9)) 4. Diamond darter (LPN = 2) 4 ...... Proposed listing. Gunnison sage-grouse (LPN = 2) 4 ...... Proposed listing. Miami blue (LPN = 3) 3 ...... Proposed listing. 4 Texas salamanders (Austin blind salamander (LPN = 2), Salado sala- Proposed listing. mander (LPN = 2), Georgetown salamander (LPN = 8), Jollyville Pla- teau (LPN = 8)) 3. 5 SW aquatics (Gonzales Spring Snail (LPN = 2), Diamond Y Proposed listing. springsnail (LPN = 2), Phantom springsnail (LPN = 2), Phantom Cave snail (LPN = 2), Diminutive amphipod (LPN = 2)) 3. 2 Texas plants (Texas golden gladecress (Leavenworthia texana) (LPN Proposed listing. = 2), Neches River rose-mallow (Hibiscus dasycalyx) (LPN = 2)) 3. FL bonneted bat (LPN = 2) 3 ...... Proposed listing. Kittlitz’s murrelet (LPN = 2) 5 ...... Proposed listing. Umtanum buckwheat (LPN = 2) 3 ...... Proposed listing.

VerDate Mar<15>2010 19:51 Dec 14, 2010 Jkt 223001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\15DEP2.SGM 15DEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 78556 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Proposed Rules

ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

21 Big Island (HI) species 5 (includes 8 candidate species—5 plants & Proposed listing. 3 animals; 4 with LPN = 2, 1 with LPN = 3, 1 with LPN = 4, 2 with LPN = 8). Oregon spotted frog (LPN = 2) 5 ...... Proposed listing. 2 TN River mussels (fluted kidneyshell (LPN = 2), slabside Proposed listing. pearlymussel (LPN = 2) 5. Jemez Mountain salamander (LPN = 2) 5 ...... Proposed listing. 1 Funds for listing actions for these species were provided in previous FYs. 2 Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the complexity of these actions and competing priorities, these actions are still being developed. 3 Partially funded with FY 2010 funds and FY 2011 funds. 4 Funded with FY 2010 funds. 5 Funded with FY 2011 funds.

We have endeavored to make our becomes available. This review will from the Western Colorado Ecological listing actions as efficient and timely as determine if a change in status is Services Office (see ADDRESSES section). possible, given the requirements of the warranted, including the need to make Author(s) relevant law and regulations, and prompt use of emergency listing constraints relating to workload and procedures. The primary authors of this notice are personnel. We are continually We intend that any proposed listing the staff members of the Western considering ways to streamline action for Astragalus microcymbus and Colorado Ecological Services Office. processes or achieve economies of scale, Astragalus schmolliae will be as such as by batching related actions accurate as possible. Therefore, we will Authority continue to accept additional together. Given our limited budget for The authority for this action is section implementing section 4 of the Act, these information and comments from all concerned governmental agencies, the 4 of the Endangered Species Act of actions described above collectively 1973, as amended (16 U.S.C. 1531 et constitute expeditious progress. scientific community, industry, or any other interested party concerning this seq.). Astragalus microcymbus and finding. Dated: December 6, 2010. Astragalus schmolliae will be added to the list of candidate species upon References Cited Paul R. Schmidt, publication of this 12-month finding. A complete list of references cited is Acting Director, Fish and Wildlife Service. We will continue to monitor the status available on the Internet at http:// [FR Doc. 2010–31225 Filed 12–14–10; 8:45 am] of these species as new information www.regulations.gov and upon request BILLING CODE 4310–55–P

VerDate Mar<15>2010 19:51 Dec 14, 2010 Jkt 223001 PO 00000 Frm 00044 Fmt 4701 Sfmt 9990 E:\FR\FM\15DEP2.SGM 15DEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2