Federal Register / Vol. 52, No. 208 1 Wednesday, October 28, 1987 f Rules and Regulations 41435

e SUPPLEMENTARY INFORMATION: petition. A finding was made on October Background 13,1983, that listing Ascfepias wefshii Ascfepius welshii (Welsh’s milkweed) was warranted but precluded by is a member of the family pending listing actions, in accordance Asclepiadaceae (milkweed family). It with section 4(b)(3)(B)(iii) of the was described by Holmgren and Endangered Species Act (Act). Such Holmgren [1979) from collected petitions are recycled under section on the Coral Pink Sand Dunes (Dunes) in 4(b)(3)(C)(i). The Service published a Kane County, . Five earlier proposed rule to list Ascfepias wefshii DEPARTMENT OF THE INTERIOR collections were made in this area as an endangered species on June 6. between 1964 and 1978 by W. Cottam. 1984 (49 FR 23399). constituting the next Fish and Vfildlife Service A.H. Barnum, N. Holmgren, and S.L. l-year finding, which was required on or Welsh (Holmgren and Hoimgren 1979). before October 13.1984. 50 CFR Part 17 This is a rhizomatous, herbaceous perennial, 10 to 40 inches tall, with large Summary of Comments and oval leaves and cream-colored flowers Recommendations Endangered and Threatened Wildlife and Plants; Final Rule Determining that are rose-tinged in the center. It grows on open, sparsely vegetated semi- In the June 6.1984, proposed rule (49 welshii (Welsh’s Milkweed) stabilized sand dunes and on the lee FR 23399) and associated notifications, To Be a Threatened Species With slopes of actively drifting sand dunes. all interested parties were requested to Critical Habitat The population consists of submit factual reports or information approximately 11,096 individuals in that might contribute to the development AGENCY: Fish and Wildlife Service, of a final rule. Appropriate State Interior. several concentrations distributed more or less randomly over the Coral Pink agencies, county governments, Federal ACTION: Final rule. Sand Dunes, with scattered individuals agencies, scientific organizations, and between concentrations and in an area other interested parties were contacted SUMMARY: The Service determines and requested to comment. A Ascfepios welshji [Welsh’s milkweed] to of the Sand Hills to the northeast. In the Coral Pink Sand Dunes area newspaper notice that invited general be a threatened species and designates public comment was published in the its critical habitat. This species is administered by the Bureau of Land Management (Bureau), a careful survey Southern Utah News on June 27,1984. known to occur only in the Coral Pink Seventeen written comments were Sand Dunes and in the Sand Hills 8 disclosed about 6,606 plants in 12 concentrations (Bureau 1986). On State received. A public hearing was miles to the northeast of the Coral Pink requested by the State of Utah, and was Sand Dunes, both in Kane County, Utah. of Utah land (Coral Pink Sand Dunes State Park), there are an estimated 4,000 held in Kanab. Utah, on September 18. In the Coral Pink Sand Dunes, about 1984 (see September 4,1984, Federal 6,906 plants occur on lands administered plants, while in the small Bureau- administered area of the Sand Hills to Register (49 FR 34879)). Six formal oral by the Bureau of Land Management. An comments were presented, two of which estimated 4,606 plants are thought to the northeast, there are an estimated additional 500 plants. A Bureau survey had been previously received as written occur on State of Utah land in the Coral comments, for a total of 21 comments. Pink Sand Dunes State Park, while in September 1984. showed a population about 506 plants are estimated to grow of about 4,900 plants (Bureau 1984, Eleven comments, four from the State in the Sand Hills northeast of the Coral Service 1986c); the State Park estimated of Utah, five from the Bureau, one from Pink Sand Dunes. Altogether, the total a population of about the same size the City of Kanab, and one from Kane population of this species is thought to occurring within the State Park. The County, maintained that recreational be no more than 11,996 plants. The plants grow on both the tops and sides off-road-vehicle use (i.e., by dune population in the Coral Pink Sand Dunes of the dunes. buggies and three-wheel all-terrain is disturbed by off-road-vehicle activity. In the summer of 1980, field work was vehicles) is not a threat sufficient to Portions of the areas in which both carried out at the Coral Pink Sand cause the extinction of Ascfepius populations occur are leased for oil and Dunes site by a Bureau botanist (Bureau welshii. Those comments that provide gas. This final rule implements for this 1986). This investigation involved detail cite the following reasons: (1) species the protection provided by the mapping groups of plants and counting Asclepias welshii is apparently adapted Endangered Species Act of 1973, as the plants on the dunes by age class. to the naturally unstable drifting sands amended. The investigation showed that off-road of the Coral Pink Sand Dunes: (2) the vehicles were modifying the habitat and plant is increasing in numbers with the DATES: The effective date of this rule is destroying Welsh’s milkweed plants and current level of off-road-vehicle use: (3) November 27,1987. that domestic livestock were utilizing off-road-vehicle use is concentrated on ADDRESSES: The complete file for this this species as a forage plant. unvegetated active dunes and trails rule is available for inspection, by On December 15.1980, the Service through the semi-stabilized vegetated appointment, during normal business published a notice of review for plants dunes which have few if any Ascfepias hours at the Service’s Regional Fish and in the Federal Register (45 FR 82489) tt,efshii plants; (4) the deep-seated Wildlife Enhancement Office at 134 which included Ascfeoius wefshii as a of Ascfepias wefshii is not Union Boulevard, Fourth Floor, Category 1 species. Category 1 subject to disturbance: and (6) no long- Lakewood, Colorado, and the Fish and comprises taxa for which the Service term studies exist of the population Wildlife Enhancement Field Office at presently has substantial information on trend of Ascfepias wefshii, and short- Room 2078 Administration Building, biological vulnerability and threats to term studies and inventories indicate a 1745 W. 1700 S., Salt Lake City, Utah. support the appropriateness of population increase. FOR FURTHER INFORMATION CONTACZ proposing to list as endangered or The Service agrees that Ascfepios John L England, Botanist, at the above threatened species. For administrative wefshii is adapted to the naturally Salt Lake City address (861/524-%430 or purposes, all plants included in that unstable drifting sands of the Coral Pink FIS 5884430). review are treated as being under Sand Dunes and is a significant 41436 Federal Register / Vol. 52 No. 208 / Wednesday, October 28, 1987 / Rules and Regulations comuonent of the flora of the Dunes. It is diversity of vegetative cover in dunes modifying its habitat in some areas and a colonizer of the unvegetated dunes in subject to off-road-vehicle traffic. The threaten to disturb its habitat throughout the sequence of plant succession on the relatively new three-wheel and four- the majority of its range. Asclepias Dunes. Many plant species adapted to wheel off-road vehicles, unlike the welshii is threatened by off-road-vehicle sand dunes establish themselves either traditional dune buggies, have tires that activity. by seed or vegetatively in interdune are less expensive and not as Eight comments, two from the State of areas in the lee of the approaching sand susceptible to damage from vegetation. Utah, two from the Bureau, two from dune. These individual plants are then Thus there is an increase in use of the private citizens, and one each from the able to grow at rates great enough to new type vehicles on the more vegetated City of Kanab and Kane County, stay ahead of the rate of wind deposited portion of the dunes, which are maintained that grazing is not a threat to sand accumulation in the lee of the sand modifying the habitat and destroying Asclepias welshii. Those comments that dune proper. As the crest of the sand individuals of Asclepias welshii provide detail cite the following reasons: dune reaches the position of the plant, (Service 1986a and 1986b). (1) The genus Asclepias as a group is sand accumulation ceases and wind Many factors affect the rate of sand toxic and Asclepias welshii is probably erosjon on the windward side of the dune drifting and plant growth. Periods at least moderately toxic to livestock; (2) plant begins. Sand dune-adapted plants of high wind and low precipitation, livestock do not effectively use dune often have fibrous roots or rhizomatous especially in the arid area of the Coral areas for grazing: (3) current grazing use rootstocks (Asciepias welshii has a Pink Sand Dunes, would increase the and allowed maximum use under rhizomatous rootstock) that are able to rate of sand drifting and decrease the current grazing plans is much less than hold sand in place and thus initiate the ability of plants to vegetatively and historical grazing use prior to Federal stabilization of dunes. Mechanical reprobuctjvely keep pace with the management of grazing by the Bureau. disturbance can break the vegetative driftinn dunes. Destabilization of The Service agrees that members of cover that has stabilized or partially vegetated dunes by off-road-vehicle use the genus Asclepias contain poisonous stabilized sand dunes, thus making them during such periods would accelerate compounds: however, the degree of more active. Plants damaged by off- sand movement to a point that exceeds toxicity varies greatly among individual road-vehicle use often are unable to the tolerance of Asclepias welshii species. There is no documented respond to drifting sand and sometimes plants. Thus, the Service maintains that evidence that Asclepias welshii has are buried and die. Observations d the off-road-vehicle use is a threat, which in been responsible for livestock or habitat of Asclepias welshii show that certain circumstances would be severe, wildlife poisoning. On the contrary, it the southern portion of the Coral Pink to Asclepias welshii. has been documented that Asclepias Sand Dunes are more actively drifting There are no long-term studies of the wefshii is at least palatable to range and less vegetated, on the whole, than population trend of Asciepias welshii. livestock and is not a threat to them the northern portion. The southern The 1980 Bureau census of the Asclepias (Bureau 1980). The Service recognizes portion of the Dunes is also the area that welshii populetions on Federal lands that it is difficult for hoofed animals to receives the greatest concentration of showed a population of 5.340 traverse sand dunes, so that most of the off-road-vehicle use, due to the individuals. Four years later in 1964. a population of Asclepius welshii is out of proximity of developed recreational followup survey by the Bureau, in the range of probable impact from facilities [i.e., campgrounds with response to the Service proposal to list grazing livestock. Current grazing use is sanitary facilities and water) and to its Asclepias welshii as an endangered less than the species endured open, less-vegetated condition. Highly species, showed a population of fewer historically and is at levels that appear active dunes will sometimes overwhelm than 4.~10, demonstrating a significant to pose no significant threat to the ability of even well-adapted dune decline in the mid-term [Bureau 1980 Asclepias welshii. The Service, plants to keep pace with the drifting and 1984, Service 1%6c). Short-term therefore, agrees that Adepias welshii sand. Contrary to statements that off- studies have been inconclusive. A appears not to be threatened by road-vehicle use is not directly affecting Bureau study of a single t5-square-foot livestock grazing, despite the occasional Asclepias weishii are observations by plot established in 1983 found a 15- grazing of Asclepias welshii plants at other commenters and Service personnel percent increase in aboveground stems the perimeter of its habitat. that actual direct disturbance of in 1984. This finding may represent the Three comments, one each from the individual Asclepias welshii plants by increase in vigor of a single individual, Mayor of Kanab, the State of Utah, and off-road vehicles is occurring (Service and cannot be taken as a statistically the Bureau, maintain that the Bureau has 1986 a and b). An additional significant significant indicator of the population as adequate management authority to effect would ba damage to and a whole. In addition, the area of the provide for the conservation of roots and interference with seedling Coral Pink Sand Dunes has gone through Asclepias weishii. While the Bureau establishment. Such cryptic effects are a period of about 6 or 7 years of above- does provide for the management of likely to cause loss of vigor and normal precipitation that, as described lands and species under its control, reduction of reproductive success in the above, may have tended to slow sand Welsh’s milkweed populations have population. Information for other plant dune activity and enhance the growth declined. The listing of Asclepias species indicates that population and reproduction of Asclepias welshii. welshii as threatened will reinforce declines will occur even without The short drought during the winter of existing Bureau authority to take evidence of widespread damage to 1983-f+&given the ability of sand to measures necessary to prevent the individual plants. The Service concludes store water and readily yield it to decline of this species. The fact that the that off-road-vehicle use is destroying plants, probably was not long enough to Bureau considers the species in need of individual Asclepias welshii plants and have had a significant impact on sand special protective management tends to adversely modifying tbe species habitat. dune vegetation, including Asclepias support the Service’s assessment and Studies of the effects of off-road- welshii. The Service maintains that, recognition of its status under the Act. vehicle use on dune-adapted plants (e.g., because it is totally endemic to the One comment from the State of Utah Luckenbach and Bury 1963) have shown Coral Pink Sand Dunes and nearby Sand argued that the listing of Asclepias significant reductions in density and Hills, and because off-road-vehicles are welshii as endangered and the Federal Register 1 Vol. 52, No. 208 / Wednesday, October 28, 1987 1 Rules and Regulations 41437 designation of its critical habitat in the is a narrow endemic restricted entirely One comment from an off-road- Coral Pink Sand Dunes is contrary to the to the Coral Pink Sand Dunes and the vehicle user group urged the Service not purpose of the State Park and the intent nearby Sand Hills and is vulnerable to to Close the Dunes to recreational off- of the Utah State Legislature in habitat destruction. road-vehicle use, and suggested that establishing and funding the Coral Pink Four comments, three from responsible off-road-vehicle Sand Dunes State Park. The Service professional botanists and one from a recreationists would cooperate with thp recognizes legitimate uses for the Coral private citizen, stated that a designation land-managing agencies, including the Pink Sand Dunes other than as habitat of critical habitat is appropriate for this State of Utah and the Bureau, in for the conservation of Asclepias species. The three botanists based their educating and policing their ranks to welshii. The listing of Asclepias welshii statements on the fact that they ensure that stands of endangered plant as threatened reflects the Service’s expected no commercialization through species would be conserved. They assessment of the threats posed to the collecting and trade of Asclepias welshii hoped that their use of the Dunes could species: potential effects of economic or and thus the publication in the Federal continue under necessary regulations to other activities may not be considered in Register of its occupied habitat through protect dune vegetation and Asclepias making such a listing determination. The a critical habitat designation would not welshii. The Service is encouraged by designation of the Coral Pink Sand adversely affect the species’ the attitude shown by this group and Dunes as critical habitat will not have a populations. The private citizen based will work with the land-managing direct effect on the State of Utah and the his support of the critical habitat agencies at the Coral Pink Sand Dunes Coral Pink Sand Dunes State Park. designation on the existence of the to develop the vegetation and recreation However, half of the Coral Pink Sand Coral Pink Sand Dunes tiger beetle management plans necessary to Dunes are on Federal land managed by (Cicindela Iimbata aibissima], which is conserve Asclepias welshii. the Bureau and used by recreational endemic to the Coral Pink Sand Dunes While a final rule was being vehicles based at the State Park. The and may face the same threats as developed, a draft of the rule and Service encourages the State of Utah to Asclepias welshii. The listing of accompanying economic analysis of the participate in the conservation of Asclepias welshii and designation of its designation of critical habitat was Asclepias welshii and to participate critical habitat may incidentally provide provided to the Governor of Utah. In a with the Service, the Bureau, and other some degree of habitat protection for letter to the Secretary of the Interior interested and affected groups in this tiger beetle. The Service is also dated November 1,1985, the Governor developing a management plan that will evaluating the status of the tiger beetle expressed disagreement with several provide for the conservation of as time and funds permit to determine aspects of the rule and analysis. These Asclepias welshii as well as the appropriateness of designating it as comments and the Service’s responses recreational use of the Dunes. endangered or threatened under the Act are provided below: One comment from the State of Utah (see notice of review, 49 FR 21683, May The Governor questioned the stated that the listing of Asclepias 22, 19841. adequacy of scientific knowledge of the welshii and designating critical habitat Six comments, five from professional species to support its listing and would draw adverse attention to the botanists and one from a private suggested that the Service, the Bureau, plant from possible vandals. The Service individual, state that off-road-vehicle and the State initiate further studies to is also concerned that this may happen: use damages dune vegetation. Two of evaluate its status before a final status however, it is the Service’s position that these botanists have observed direct determination is made. The Service the benefits to the species as a destruction of Asclepias welshii plants agrees that the species, which was only consequence of its listing as threatened by off-road-vehicle use. formally described in 1979, is not will offset the possible negative effects Four comments, three from especially well understood biologically, of undue notoriety. The conservation professional botanists and one from a but as noted above, the Service believes and recovery of the species may include conservation group, agreed with the that available information is sufficient a program of public education to Service’s proposed rule to list Asclepias to support a determination that it is develop sensitivity toward the species welshii as an endangered species and threatened. and its part in the biological heritage of designate its critical habitat. One The Governor also maintained that the region and the nation. The same comment from a professional botanist designation of critical habitat for this comment from the State of Utah stated suggested that the available biological species could cause a direct negative that since there are two populations of evidence and the nature and degree of impact on Coral Pink Sand Dunes State the species, one at the Coral Pink Sand threats to Asclepias welshii suggest that Park and its operations. As noted above, Dunes and the other in the nearby Sand threatened status is most appropriate for the Service expects no direct effect on Hills, there is no need to designate this species. After reappraising the Park operations as a result of the critical habitat. The Service maintains population data, reconsidering the designation, which would only affect that both populations are essential for degree and nature of threats, activities authorized, funded, or carried the survival and recovery of Asciepias determining that the current level of out by Federal agencies by requiring wefshii and that designation of critical grazing is not a threat to the species, that such activities avoid destroying or habitat for both populations is desirable and learnine that the State has drafted a adversely modifying critical habitat. and appropriate. general maiagement plan that would Inasmuch as there is no known Federal One comment from the Bureau control the effects of off-road-vehicle involvement in the management of the pointed out that the proposed rule traffic on dune vegetation, the Service Park, the Service continues to maintain described Asclepias welshii as "10 cm” finds that Asclepias welshii is not that designation would not directly tall. This was a typographical error in endangered as defined by the Act. affect Park operations. The Service is the proposed rule; Ascfepias welshii is However, given its vulnerability, the pleased to note that the State has about 100 centimeters [40 inches) tall at modification of its habitat, and the developed a draft management plan for maturity. existence of threats to its population, it the Park that would control the effects Four comments from professional does fully meet the definition of of off-road-vehicle traffic on dune botanists stated that Asclepias welshii threatened, as defined by the Act. vegetation. The draft plan provides 41438 Federal Register / Vol. 52. No. 208 / Wednesday, October 28, 1987 / Rules and Regulations conservation zones that will provide abundance of Asclepias welshii in those Asclepias wefshii as a threatened some protection to Welsh’s milkweed same areas indicate that off-road- species, the current 8tatu:l of Ascfepias and its critical habitat through the vehicle use has had a negative impact wefshii will likely decline to endangered regulation of off-road-vehicle use in the on Asclepias welshii. In the absence of in the foreseeable future. Park. protection for this plant under the Act, E. Other natural or manmade factors Addressing the draft economic unrestricted off-road-vehicle use will affecting its continued existence. The analysis, the Governor objected that a degrade the Coral Pink Sand Dune arid climate and unstable habitat of statement to the effect that up to 2,000 population further. Continued habitat Asclepias wefshii make its ecosystem a vehicles might be on the dunes at a destruction from off-road-vehicle use fragile one, vulnerable to degradation by given time was misleading. The Service will conceivably cause its extirpation surface disturbances. believes the Governor’s objection was from a considerable portion of its The Service has carefully assessed the based on a misunderstanding of the current range within the Dunes. In best scientific and commercial draft analysis. The figure of 2.000 addition. a sianificant oortion of the information available regarding the past, vehicles was given as an upper limit for critical dabit& is under lease for oil and present, and future threats faced by this visitbr use of the dunes in estimating the gas development. The development of specie8 in determining to make this rule number of persons that might be these leases, without consideration for final. Based on this evaluation. the affected if the designation led to Asclepias welshii, might affect the preferred action is to list Asclepias restrictions on activities at the Park. In species. However, oil and gas welshii as threatened. This is based on fact no such impact is expected, and the development is not considered a threat the fact that the species exists in low figure of 2,000 visitors does not appear to the specie8 at this time due to “no numbers and occurs in a limited fragile in the final, approved analysis. surface occupancy” stipulation8 on oil ecosystem that is presently disturbed by Finally, the Governor contended that and gas leases within the Coral Pink off-road-vehicle use. A designation of existing State regulatory mechanisms Sand Dunes, and the low potential for critical habitat was considered prudent are adequate to protect Asclepias oil and gas development within and in in this case because most of the plants welshii. The Service maintains that the vicinity of the species’ critical are known to occur on Federal lands adverse habitat modification has habitat. Additional details concerning and would benefit from such a occurred under existing regulations. The oil and gas leasing and the lease designation. A decision to take no Service believes the listing will not stipulations are provided under the action on Asclepias welshii would replace, but rather reinforce and “Critical Habitat” section of this rule. exclude this species from needed complement protection afforded under B. Overutilization for commercial. protection available under the Act. State authority. There should be no recreational, scientific, or educational Asclepias welshii occupies much of the inconsistency or conflict between purposes. Not applicable. habitat available to the species and is Federal and State protection of the C. Disease orpredation. Although probably capable of maintaining its species. livestock grazing on Asclepias welshii does occur on a limited basis, it is not populations providing the threat of Summary of Factors Affecting the believed that current grazing levels on extreme habitat disturbance is Specie8 this plant constitute any threat to its controlled. If control of off-road-vehicle After a thorough review and use is not adequate, however, the continued existence. species would be likely to undergo consideration of all scientific and D. The inadequacy of existing commercial information available, the regulatory mechanisms. There are no decline to the point at which extinction Service has determined that Asclepias Federal, State, or local laws or is probable. Asclepias wefshii is not at welshii (Welsh’s milkweed] should be regulations that specifically apply to this present in danger of extinction, classified as a threatened species. species or provide for its protection. however, and therefore listing as an Procedures found at Section 4(a)(l) of Section 13 of the Utah Recreation endangered species would not be the Endangered Species Act (16 U.S.C. Vehicle Act (Utah Code Annotated 41- warranted. 1531 et seq.] and regulations 22-13 [1981], enacted by Chapter 107, Although the Service proposed to list promulgated to implement the listing Laws of Utah 1971) states: “No person the milkweed as an endangered species, provisions of the Act (codified at 50 CFR shall operate a recreation vehicle in a careful reappraisal of status Part 424) were followed. A species may connection with acts of vandalism, information upon which the proposed be determined to be an endangered or harassment of wildlife or domestic rule was based, together with an threatened species due to one or more of animals, burglaries or other crimes, or analysis of scientific information the five factors described in Section damage to the environment which received during the public comment 4(a)(l). These factors and their includes pollution of air, water or land. period, persuaded the Service that this application to Asclepias welsh* abuse of the watershed, impairment of species is not now endangered. The Holmgren and Holmgren (Welsh’s plant or animal life or excessive current level of grazing does not appear milkweed) are as follows: mechanical noise.” The State of Utah’s to pose a threat to the milkweed, and A. The present or threatened Department of Parks and Recreation is current habitat management efforts are destruction, modification, OF curtailment of the opinion that it would be able to such that the milkweed is not in of its habitat or range. Asclepias provide effective conservation of immediate danger of extinction. welshii, with the exception of a very Asclepias welshii and its critical Critical Habitat small population in the Sand Hills. is habitat, given the above State statute. totally endemic to the Coral Pink Sand financial assistance, and a workable Critical habitat, as defined by Section Dunes. The Dunes are utilized primarily interagency agreement with the Bureau 3 of the Act, means: (i) The specific for recreation&off-read-vehicle use. to manage recreational use of the entire areas within the geographical area Off-road-vehicle use is adversely Coral Pink Sand Dunes. However, occupied by a species, at the time it is modifying the habitat and destroying existing regulatory measures have not listed in accordance with the Act, on individual plants of Asclepias welshii. prevented this species from becoming which are found those physical or Variations in the use of various areas in threatened. Without positive Steps biological features (I) essential to the the Dunes and the variatins in prompted by the Federal designation of conservation of the species and (II) that Federal Register / Vol. 52, No. 208 / Wednesday, October 28, 1987 / Rules and Regulations 41439 may require special management expected to affect or be affected by the ensure that activities they authorize, considerations or protection, and [ii) designation of critical habitat. fund, or carry out are not likely to specific areas outside the geographical Regulation or modification of adverse jeopardize the continued existence of a area occupied by a species at the time it activities might include restricting off- listed species or to destroy or adversely is listed, upon a determination that such road-vehicle use to existing roads and modify its critical habitat. If a Federal areas are essential for the conservation trails or excluding use from certain action may adversely affect a listed of the species. areas or during particular times when species or its critical habitat, the Section 4(a)(3) of the Act requires that the critical habitat may be most responsible Federal agency must enter critical habitat be designated to the vulnerable to disturbance. into formal consultation with the maximun extent prudent and Section 4(b)(2) of the Act requires the Service. Possible effects of critical determinable concurrently with the Service to consider economic and other habitat designation on the Bureau have determination that a species is impacts of designating a particular area already been discussed. Known Federal endangered or threatened. Critical as critical habitat. The Service has activities that may affect Welsh’s habitat is designated for Asclepias considered the critical habitat milkweed are sanctioned use of off-road welshi; to include about 4,ooO acres of designation in light of relevant vehicles within the species habitat and sand dune habitat in the Coral Pink additional information obtained. No permitting actions in response to oil and Sand Dunes and the Sand Hills area in siginificant economic or other impacts gas development. The Bureau is already Kane County, Utah. The Coral Pink are expected to result from the critical consulting with the Service, and Sdnd Dunes are a clearly definable and habitat designation. This conclusion is additional impacts due to this listing are recognizable geographic entity, readily based on no known involvement of expected to be minimal. located on published U.S. Geological Federal funds or permits for off-road- The Act and its implementing Survey maps. The critical habitat of vehicle activities within the Coral Pink regulations found at 50 CFR 17.71 and Ascfepias wefshii within the Sand Hills Sand Dunes State Park, voluntary efforts 17.72 set forth a series of general trade is defined by a legal land description. between the State of Utah and the prohibitions and exceptions that apply The known primary constituent element Bureau to develop a joint management to all threatened plant species. With is considered to be the sand dunes plan for the Coral Pink Sand Dunes, the respect to Asciepias welshii, all trade absence of any active mineral claims or themselves. oil and gas development within or in the prohibitions of section 9(a)(2) of the Act, Section 4(b)(8) requires, for any implemented by 50 CPR 17.71. apply. vicinity of critical habitat, “no surface These prohibitions, in part, make it proposed or final regulation that occupancy” stipulations on oil and gas designates critical habitat, a brief leases to preserve the recreational value illegal for any person subject to the description and evaluation of those jurisdiction of the United States to of the Coral Pink Sand Dunes. additional import or export, transport in interstate activities (public or private] which may information that livestock grazing is not adversely modify such habitat or may expected to affect the critical habitat, or foreign commerce in the course of a be affected by such designation. and the unquantifiable benefits that may commercial activity, or sell or offer for LIvestock grazing is no longer result from the critical habitat sale this species in interstate or foreign considered a threat to the critical designation. commerce. Seeds from cultivated habitat. Additional information has specimens of threatened plant species indicated that cattle graze only at the Available Conservation Measures are exempt from these prohibitions perimeter of the sand dunes included as Conservation measures provided to provided that a statement of “cultivated critical habitat. Cattle also have species listed as endangered or origin” appears on their containers. The difficulty traversing sand dunes and are threatened under the Endangered Act and 50 CFR 17.72 also provide for seldom. if ever, put to graze within the Species Act include recognition, the issuance of permits to carry out critical habitat. Continued surface recovery actions, requirements for otherwise prohibited activities involving disturbance by recreational off-road Federal protection, and prohibitions threatened species under certain vehicles, however, is adversely affecting against certain practices. Recognition circumstances. No such trade in the critical habitat. This activity will through listing encourages and results in Asclepias welshii is known. It is need to be regulated or modified to take conservation actions by Federal, State, anticipated that few trade permits will into account the effects on critical and private agencies, groups, and ever be sought or issued for Asclepias habitat. In addition, the entire critical individuals. The Act provides for welshii since it is neither a desirable habitat area is leased or is available for possible land acquisition and species for collectors nor common in oil and gas leasing. The potential exists cooperation with the States and requires cultivation or in the wild. for habitat damage if the recovery of that recovery actions be carried out for Section 9(a)(2)(B) of the Act, as mineral resources is not done in a all listed species. Such actions are amended in 1982, prohibits the removal manner that avoids destruction of the initiated by the Service following listing. and redtction to possession of critical habitat of Asclepias welshii. The protection required of Federal endangered plant species from areas However, the Bureau has informed the agencies, prohibitions against collecting, under Federal jurisdiction. Section 4(d) Service that the potential for oil and gas and possible recovery actions are allows for the provision of such development within and in the vicinity discussed, in part, below. protection to threatened species through of critical habitat is low. The Bureau has Section 7 (a) of the Act, as amended, regulations. This protection will apply to also imposed “no surface occupancy” requires Federal agencies to evaluate Asclepias welshii under regulations stipulations on oil and gas leases to their actions with respect to any species codified at 50 CFR Part 17. These exclude onsight drilling within the Coral that is proposed or listed as endangered regulations also provide permits for Pink Sand Dunes. These stipulations or threatened and with respect to its exceptions to this prohibition. Asclepias were imposed to preserve the critical habitat Regulations wefshii is found on both Federal and recreational value of the Coral Pink implementing this interagency State of Utah lands. It is likely that few Sand Dunes, and are compatible with cooperation provision of the Act are collecting permits for Ascfepias welshii the critical habitat designation. codified at 50 CFR Part 402. Section will ever be requested. Requests for Therefore, oil and gas leasing is not 7(a)(2) requires Federal agencies to copies of the regulations on plants and 41330 Federal Register / Vol. 52, No. 208 / Wednesday. October 28, 1987 / Rules and Rzgalations -. inc;s]iric:s regarding them may be Utah Division of Parks and Recreation. Luckenback. R.A. and R.B. Bur:;. 1983. Eifk,I:rs addrt:ssxI !o the Federal Wild!ife Permit Based on the economic and other impact of off-road vehicles cn the biot!d soer-;l’s. Such a plan could provide determinations are based on a Office, Salt Lake City, Utah. 11);. James L. conser\a:ioa areas Lvithin the Dunes Determination of Effects of Rules that is Miller, Botanist, U.S. Fish and LVildiifc ti::J!c:;i:ed to maintainin the rlsclepios available at the Service’s Salt Lake City Service, Denver, Colorado. ser-:ed as I; ~~i~.iji popsldtion and the natural biotic Field Office, Room 2078 Administration editor. Jane 0. Yager. Economist. Office: snc!

.

3. Amend $ 17.96(a) by adding critical l + l l l also, the area of the Sand Hills. about 10 h;+!,itat of =Iscfepius rvelshii preceding Family Asclepludoceclc?-.-\s~.lf~p;as wczlshii miles north of &nab. within T42S. R6W. that of Stcqhanomeria mclheurensis as [Welsh’s milkweed) Section 8 (S% of the N’h and N% of the S’ fullows: The constituent elements of this critical Utah, Kane County: entire Coral Pink Sand habitat are the sand dunes themselves. g 17.96 Critical habitat-plants. Dunes, within T43S. R7W and R8W. and T44S. R8W about 10 miles west of Kanab: Note.-Map follows. (a) - - * Federal Register / Vol. 52, No. 208 1 Wednesday, October 28, 1987 I Rules and Regulations 41441

-__ -_---

MILES m Critical Habltat pTlHl c.

l t t t t

Dated: September 21.1987. Susan Recce, Ac:ing Assistant Secretary for Fish and Wildlife and Parks. IFR Dot. 87-24644 Filed 10-27-87; it:45 amj BILLING WOE 431~55-Y