Tuesday, March 23, 2010

Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12- Findings for Petitions to List the Greater Sage-Grouse (Centrocercus urophasianus) as Threatened or Endangered; Proposed Rule

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13910 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

DEPARTMENT OF THE INTERIOR Cheyenne, Wyoming 82009; telephone warranted. On July 9, 2004, we (307) 772-2374; facsimile (307) 772- published a notice to reopen the period Fish and Wildlife Service 2358. Please submit any new for submitting comments on our 90– information, materials, comments, or finding, until July 30, 2004 (69 FR 50 CFR Part 17 questions concerning this species to the 41445). In accordance with section 4(b)(3)(A) of the Act, we completed a [FWS-R6-ES-2010-0018] Service at the above address. status review of the best available [MO 92210-0-0008-B2] FOR FURTHER INFORMATION CONTACT: Brian T. Kelly, Field Supervisor, U.S. scientific and commercial information Endangered and Threatened Wildlife Fish and Wildlife Service, Wyoming on the species. On January 12, 2005, we and Plants; 12-Month Findings for Ecological Services Office (see announced our not-warranted 12–month Petitions to List the Greater Sage- ADDRESSES). If you use a finding in the Federal Register (70 FR Grouse (Centrocercus urophasianus) telecommunications device for the deaf 2243). as Threatened or Endangered (TDD), call the Federal Information On July 14, 2006, Western Watersheds Relay Service (FIRS) at (800) 877-8339. Project filed a complaint in Federal district court alleging that the Service’s AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: Interior. 2005 12–month finding was incorrect ACTION: Notice of 12–month petition Background and arbitrary and requested the finding findings. Section 4(b)(3)(B) of the Act (16 be remanded to the Service. On U.S.C. 1531 et seq.), requires that, for December 4, 2007, the U.S. District SUMMARY: We, the U.S. Fish and any petition containing substantial Court of Idaho ruled that our 2005 Wildlife Service (Service), announce scientific or commercial information finding was arbitrary and capricious, three 12–month findings on petitions to that the listing may be warranted, we and remanded it to the Service for list three entities of the greater sage- make a finding within 12 of the further consideration. On January 30, grouse (Centrocercus urophasianus) as date of the receipt of the petition on 2008, the court approved a stipulated threatened or endangered under the whether the petitioned action is (a) not agreement between the Department of Endangered Species Act of 1973, as warranted, (b) warranted, or (c) Justice and the plaintiffs to issue a new amended (Act). We find that listing the warranted, but that immediate proposal finding in May 2009, contingent on the greater sage-grouse (rangewide) is of a regulation implementing the availability of a new monograph of warranted, but precluded by higher petitioned action is precluded by other information on the sage-grouse and its priority listing actions. We will develop pending proposals to determine whether habitat (Monograph). On February 26, a proposed rule to list the greater sage- species are threatened or endangered, 2008, we published a notice to initiate grouse as our priorities allow. and expeditious progress is being made a status review for the greater sage- We find that listing the western to add or remove qualified species from grouse (73 FR 10218), and on April 29, subspecies of the greater sage-grouse is the Lists of Endangered and Threatened 2008, we published a notice extending not warranted, based on determining Wildlife and Plants. Section 4(b)(3)(C) of the request for submitting information that the western subspecies is not a the Act requires that we treat a petition to June 27, 2008 (73 FR 23172). Publication of the Monograph was valid taxon and thus is not a listable for which the requested action is found delayed due to circumstances outside entity under the Act. We note, however, to be warranted but precluded as though the control of the Service. An amended that greater sage-grouse in the area resubmitted on the date of such finding; joint stipulation, adopted by the court covered by the putative western that is, requiring a subsequent finding to on June 15, 2009, required the Service subspecies (except those in the Bi-State be made within 12 months. We must to submit the 12–month finding to the area (Mono Basin), which are covered publish these 12–month findings in the Federal Register by February 26, 2010; by a separate finding) are encompassed Federal Register. by our finding that listing the species is this due date was subsequently warranted but precluded rangewide. Previous Federal Action extended to March 5, 2010. We find that listing the Bi-State Greater Sage-Grouse Western Subspecies of the Greater Sage- population (previously referred to as the On July 2, 2002, we received a Grouse Mono Basin area population), which petition from Craig C. Dremann The western subspecies of the greater meets our criteria as a distinct requesting that we list the greater sage- sage-grouse (Centrocercus urophasianus population segment (DPS) of the greater grouse (Centrocercus urophasianus) as phaios) was identified by the Service as sage-grouse, is warranted but precluded endangered across its entire range. We a category 2 candidate species on by higher priority listing actions. We received a petition from the September 18, 1985 (50 FR 37958). At will develop a proposed rule to list the Institute for Wildlife Protection on the , we defined Category 2 species Bi-State DPS of the greater sage-grouse March 24, 2003, requesting that the as those species for which we possessed as our priorities allow, possibly in greater sage-grouse be listed rangewide. information indicating that a proposal to conjunction with a proposed rule to list On December 29, 2003, we received a list as endangered or threatened was the greater sage-grouse rangewide. third petition from the American Lands possibly appropriate, but for which DATES: The finding announced in the Alliance and 20 additional conservation conclusive data on biological document was made on March 23, 2010. organizations (American Lands Alliance vulnerability and threats were not ADDRESSES: This finding is available on et al.) to list the greater sage-grouse as available to support a proposed rule. On the Internet at http:// threatened or endangered rangewide. February 28, 1996, we discontinued the www.regulations.gov and www.fws.gov. On April 21, 2004, we announced our designation of category 2 species as Supporting documentation we used to 90–day petition finding in the Federal candidates for listing under the Act (61 prepare this finding is available for Register (69 FR 21484) that these FR 7596), and consequently the western public inspection, by appointment, petitions taken collectively, as well as subspecies was no longer considered to during normal business at the information in our files, presented be a candidate for listing. U.S. Fish and Wildlife Service, 5353 substantial information indicating that We received a petition, dated January Yellowstone Road, Suite 308A, the petitioned actions may be 24, 2002, from the Institute for Wildlife

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13911

Protection requesting that the western the eastern subspecies of the greater 57803). Subsequent to the March 2006 subspecies occurring from northern sage-grouse (Centrocercus urophasianus decision by the court on our 90–day California through Oregon and urophasianus). On July 3, 2002, we finding on the petition to list the Washington, as well as any western received a petition from the Institute for western subspecies of the greater sage- sage-grouse still occurring in parts of Wildlife Protection to list the eastern grouse (described above), our Idaho, be listed under the Act. The subspecies, identified in the petition as resubmitted petition findings stated we petitioner excluded the Mono Basin area including all sage-grouse east of Oregon, were not updating our analysis for the populations in California and northwest Washington, northern California, and a DPS, but would publish an updated Nevada since they already had small portion of Idaho. The petitioners finding regarding the petition to list the petitioned this population as a distinct sued the Service in U.S. District Court Columbia Basin population of the population segment (DPS) for on January 10, 2003, for failure to western subspecies following emergency listing (see discussion of Bi- complete a 90–day finding. On October completion of the new rangewide status State area (Mono Basin) population 3, 2003, the Court ordered the Service review for the greater sage-grouse. below). The petitioner also requested to complete a finding. The Service that the Service include the Columbia published its not-substantial 90–day Bi-State Area (Mono Basin) Population Basin DPS in this petition, even though finding in the Federal Register on of Sage-grouse we had already identified this DPS as a January 7, 2004 (69 FR 933), based on On January 2, 2002, we received a candidate for listing under the Act (66 our determination that the eastern sage- petition from the Institute for Wildlife FR 22984, May 7, 2001) (see discussion grouse was not a valid subspecies. The Protection requesting that the sage- of Columbia Basin below). not-substantial finding was challenged, grouse occurring in the Mono Basin area We published a 90–day finding on and on September 28, 2004, the U.S. of Mono County, California, and Lyon February 7, 2003 (68 FR 6500), that the District Court ruled in favor of the County, Nevada, be emergency listed as petition did not substantial Service, dismissing the plaintiff’s case. an endangered distinct population information indicating the petitioned segment (DPS) of Centrocercus action was warranted based on our Columbia Basin (Washington) Population of the Western Subspecies urophasianus phaios, which the determination that there was petitioners considered to be the western On May 28, 1999, we received a insufficient evidence to indicate that the subspecies of the greater sage-grouse. petition dated May 14, 1999, from the petitioned western population of sage- This request was for portions of Alpine Northwest Ecosystem Alliance and the grouse is a valid subspecies or DPS. The and Inyo Counties and most of Mono Biodiversity Legal Foundation. The petitioner pursued legal action, first County in California and portions of petitioners requested that the with a 60–day Notice of Intent to sue, Carson City, Douglas, Esmeralda, Lyon, Washington population of western sage- followed by filing a complaint in and Mineral Counties in Nevada. On grouse (C. u. phaios) be listed as Federal district court on June 6, 2003, December 26, 2002, we published a 90– threatened or endangered under the Act. challenging the merits of our 90–day day finding that the petition did not finding. On August 10, 2004, the U.S. The petitioners requested listing of the present substantial scientific or District Court for the Western District of Washington population of western sage- commercial information indicating that Washington ruled in favor of the Service grouse based upon threats to the the petitioned action may be warranted (Case No. C03-1251P). The petitioner population and its isolation from the (67 FR 78811). Our 2002 finding was appealed and on March 3, 2006, the U.S. remainder of the taxon. Accompanying based on our determination that the Court of Appeals for the Ninth Circuit the petition was information relating to petition did not present substantial reversed in part the ruling of the District the taxonomy, ecology, threats, and the information indicating that the Court and remanded the matter for a and present distribution of western population of greater sage-grouse in this new 90–day finding (Institute for sage-grouse. area was a DPS under our DPS policy Wildlife Protection v. Norton, 2006 U.S. In our documents we have used App. LEXIS 5428 9th Cir., March 3, ‘‘Columbia Basin population’’ rather (61 FR 4722; February 7, 1996), and thus 2006). Specifically, the Court of Appeals than ‘‘Washington population’’ because was not a listable entity (67 FR 78811; rejected the Service’s conclusion that we believe it more appropriately December 26, 2002). Our 2002 finding the petition did not present substantial describes the petitioned entity. We also included a determination that the information indicating that western published a substantial 90–day finding petition did not present substantial sage-grouse may be a valid subspecies, on August 24, 2000 (65 FR 51578). On information regarding threats to indicate but upheld the Service’s determination May 7, 2001, we published our 12– that listing the petitioned population that the petition did not present month finding (66 FR 22984), which may be warranted (67 FR 78811). substantial information indicating that included our determination that the On November 15, 2005, we received the petitioned population may Columbia Basin population of the a petition submitted by the Stanford constitute a DPS. The Court’s primary western sage-grouse met the Law School Environmental Law Clinic concern was that the Service did not requirements of our policy on DPSs (61 on behalf of the Sagebrush Sea provide a sufficient description of the FR 4722) and that listing the DPS was Campaign, Western Watersheds Project, principles we employed to determine warranted but precluded by other higher Center for Biological Diversity, and the validity of the subspecies priority listing actions. As required by Christians Caring for Creation to list the classification. On April 29, 2008, we section 4(b)(3)(C) of the Act, we have Mono Basin area population of greater published in the Federal Register (73 subsequently made resubmitted petition sage-grouse as a threatened or FR 23170) a 90–day finding that the findings, announced in conjunction endangered DPS of the greater sage- petition presented substantial scientific with our Candidate Notices of Review, grouse (C. urophasianus) under the Act. or commercial information indicating in which we continued to find that On March 28, 2006, we responded that that listing western sage-grouse may be listing the Columbia Basin DPS of the emergency listing was not warranted warranted and initiated a status review western subspecies was warranted but and, due to court orders and settlement for western sage-grouse. precluded by other higher priority agreements for other listing actions, we In a related action, the Service also listing actions (66 FR 54811, 67 FR would not be able to address the has made a finding on a petition to list 40663, 69 FR 24887, 70 FR 24893, 74 FR petition at that time.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13912 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

On November 18, 2005, the Institute District of California, issued an order sage-grouse, the eastern (Centrocercus for Wildlife Protection and Dr. Steven G. accepting a joint stipulation between the urophasianus urophasianus) and Herman sued the Service in U.S. District Department of Justice and the plaintiffs, western (C. u. phaios) based on Court for the Western District of which states that the parties agree that information from Aldrich (1946, p. 129). Washington (Institute for Wildlife the Service may submit to the Federal The original subspecies designation of Protection et al. v. Norton et al., No. Register a single document containing the western sage-grouse was based C05-1939 RSM), challenging the the 12–month findings for the Mono solely on differences in coloration Service’s 2002 finding that their petition Basin area population and the greater (specifically, reduced white markings did not present substantial information sage-grouse no later than by February and darker feathering on western birds) indicating that the petitioned action 26, 2010. Subsequently, the due date for among 11 museum specimens collected may be warranted. On April 11, 2006, submission of the document to the from 8 locations in Washington, Oregon, we reached a stipulated settlement Federal Register was extended to March and California. The last edition of the agreement with both plaintiffs under 5, 2010. AOU Check-list of North American which we agreed to evaluate the Both the November 2005 and the Birds to include subspecies was the 5th November 2005 petition and December 2001 petitions as well as our Edition, published in 1957. Subsequent concurrently reevaluate the December 2002 and 2006 findings use the editions of the Check-list have excluded 2001 petition (received in January ‘‘Mono Basin area’’ to refer to greater treatment of subspecies. Richard Banks, 2002). The settlement agreement sage-grouse that occur within the who was the AOU Chair of the required the Service to submit to the geographic area of eastern California Committee on Classification and Federal Register a 90–day finding by and western Nevada that includes Mono Nomenclature in 2000, indicated that, December 8, 2006, and if substantial, to Lake. For conservation planning because the AOU has not published a complete the 12–month finding by purposes, this same geographic area is revised edition at the subspecies level December 10, 2007. On December 19, referred to as the Bi-State area by the since 1957, the subspecies in that 2006, we published a 90–day finding States of California and Nevada (Greater edition, including the western sage- that these petitions did not present Sage-grouse Conservation Plan for grouse, are still recognized (Banks 2000, substantial scientific or commercial Nevada and Eastern California, 2004, pers. comm.). However, in the latest information indicating that the pp. 4–5). For consistency with ongoing edition of the Check-list (7th Ed., 1998, petitioned actions may be warranted (71 planning efforts, we will adopt the ‘‘Bi- p. xii), the AOU explained that its FR 76058). State’’ nomenclature hereafter in this decision to omit subspecies, ‘‘carries On August 23, 2007, the November finding. with it our realization that an uncertain 2005 petitioners filed a complaint number of currently recognized Biology and Ecology of Greater Sage- challenging the Service’s 2006 finding. subspecies, especially those formally Grouse After review of the complaint, the named early in this century, probably Service determined that we would Greater Sage-Grouse Description cannot be validated by rigorous modern revisit our 2006 finding. The Service techniques.’’ entered into a settlement agreement The greater sage-grouse (Centrocercus with the petitioners on February 25, urophasianus) is the largest North Since the publication of the 1957 2008, in which the Service agreed to a American grouse species. Adult male Check-list, the validity of the subspecies voluntary remand of the 2006 petition greater sage-grouse range in length from designations for greater sage-grouse has finding, and to submit for publication in 66 to 76 centimeters (cm) (26 to 30 been questioned, and in some cases the Federal Register a new 90–day inches (in.)) and weigh between 2 and dismissed, by several credible finding by April 25, 2008. The 3 kilograms (kg) (4 and 7 pounds (lb)). taxonomic authorities (Johnsgard 1983, agreement further stipulated that if the Adult females are smaller, ranging in p. 109; Drut 1994, p. 2; Schroeder et al. new 90–day finding was positive, the length from 48 to 58 cm (19 to 23 in.) 1999, p. 3; International Union for Service would undertake a status review and weighing between 1 and 2 kg (2 and Conservation of Nature (IUCN) 2000, p. of the Mono Basin area population of 4 lb). Males and females have dark 62; Banks 2000, 2002 pers. comm.; the greater sage-grouse and submit for grayish-brown body plumage with many Johnsgard 2002, p. 108; Benedict et al. publication in the Federal Register a small gray and white speckles, fleshy 2003, p. 301). The Western Association 12–month finding by April 24, 2009. yellow combs over the eyes, long of Fish and Wildlife Agencies On April 29, 2008, we published in pointed tails, and dark green toes. Males (WAFWA), an organization of 23 State the Federal Register (73 FR 23173) a also have blackish chin and throat and provincial agencies charged with 90–day petition finding that the feathers, conspicuous phylloplumes the protection and management of fish petitions presented substantial scientific (specialized erectile feathers) at the back and wildlife resources in the western or commercial information indicating of the head and neck, and white feathers part of the United States and Canada, that listing the Mono Basin area forming a ruff around the neck and also questioned the validity of the population may be warranted and upper belly. During breeding displays, western sage-grouse as a subspecies in initiated a status review. Based on a males exhibit olive-green apteria (fleshy its Conservation Assessment of Greater joint stipulation by the Service and the bare patches of skin) on their breasts Sage-grouse and Sagebrush Habitats plaintiffs to extend the due date for the (Schroeder et al. 1999, p. 2). (Connelly et al. 2004, pp. 8-4 to 8-5). 12–month finding, on April 23, 2009, Furthermore, in its State conservation the U.S. District Court, Northern District Taxonomy assessment and strategy for greater sage- of California, issued an order that if the Greater sage-grouse are members of grouse, the Oregon Department of Fish parties did not agree to a later the Phasianidae family. They are one of and Wildlife (ODFW) stated that ‘‘recent alternative date, the Service would two congeneric species; the other genetic analysis (Benedict et al. 2003) submit a 12–month finding for the species in the genus is the Gunnison found little evidence to support this Mono Basin population of the greater sage-grouse (Centrocercus minimus). In subspecies distinction, and this Plan sage-grouse to the Federal Register no 1957, the American Ornithologists’ refers to sage-grouse without reference later than May 26, 2009. On May 27, Union (AOU) (AOU 1957, p 139) to subspecies delineation in this 2009, the U.S. District Court, Northern recognized two subspecies of the greater document’’ (Hagen 2005, p. 5).

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13913

The Integrated Taxonomic subspecies must be discernible from one analyzed, that would be considered Information System (ITIS), a database another (i.e., diagnosable); this element indicative of a likely valid subspecies. representing a partnership of U.S., of ‘‘diagnosability,’’ or the ability to Geography Canadian, and Mexican agencies, other consistently distinguish between organizations, and taxonomic specialists populations, is a common thread that The delineation between eastern and designed to provide scientifically runs through all subspecies concepts. western subspecies is vaguely defined credible taxonomic information, lists The AOU Committee on Classification and has changed over time from its the taxonomic status of western sage- and Nomenclature offers the following original description (Aldrich 1946, p. grouse as ‘‘invalid – junior synonym’’ definition of a subspecies: ‘‘Subspecies 129; Aldrich and Duvall 1955 p. 12; (ITIS 2010). In an evaluation of the should represent geographically discrete AOU 1957, p. 139; Aldrich 1963, pp. historical classification of the western breeding populations that are 539-541). The boundary between the sage-grouse as a subspecies, Banks diagnosable from other populations on subspecies is generally described along stated that it was ‘‘weakly characterized’’ the basis of plumage and/or a line starting on the Oregon–Nevada but felt that it would be wise to measurements, but are not yet border south of Hart Mountain National continue to regard western sage-grouse reproductively isolated. Varying levels Wildlife Refuge and ending near Nyssa, as taxonomically valid ‘‘for management of diagnosability have been proposed for Oregon (Aldrich and Duvall 1955, p. 12; purposes’’ (Banks, pers. comm. 2000). subspecies, typically ranging from at Aldrich 1963, pp. 539-541). Aldrich This statement was made prior to the least 75% to 95% * * * subspecies that described the original eastern and availability of behavioral and genetic are phenotypically but not genetically western ranges in 1946 (Aldrich 1946, p. information that has become available distinct still warrant recognition if 129), while Aldrich and Duvall (1955, p. since 2000. In addition, Banks’ opinion individuals can be assigned to a 12) and Aldrich (1963, pp. 539-541) is qualified by the phrase ‘‘for subspecies with a high degree of described an intermediate form in Management purposes.’’ Management certainty’’ (AOU 2010). In addition, the northern California, presumably in a recommendations and other latest AOU Check-list of North zone of intergradation between the considerations must be clearly American Birds describes subspecies as: subspecies. All of Aldrich’s citations distinguished from scientific or ‘‘geographic segments of species’ include a portion of Idaho within the commercial data that indicate whether populations that differ abruptly and western subspecies’ range, but the 1957 an entity may be taxonomically valid for discretely in morphology or coloration; AOU designation included Idaho as part of the eastern subspecies (AOU 1957, p. the purpose of listing under the Act. these differences often correspond with 139). Although the Service had referred to difference in behavior and habitat’’ Our evaluation reveals that a the western sage-grouse in past (AOU 1998, p. xii). decisions (for example, in the 12–month boundary between potential western finding for a petition to list the In general, higher levels of confidence and eastern subspecies may be drawn Columbia Basin population of western in the classification of subspecies may multiple ways depending on whether sage-grouse, 66 FR 22984; May 7, 2001), be gained through the concurrence of one uses general description of this taxonomic reference was ancillary multiple morphological, molecular, historical placement, by considering to the decision at hand and was not the ecological, behavioral, and/or topographic features, or in response to focal point of the listing action. In other physiological characters (Haig et al. the differing patterns reported in words, when past listing actions were 2006, p. 1591). The AOU definition of studying sage-grouse genetics, focused on some other entity, such as a subspecies also incorporates this morphology, or behavior. In their potential distinct population segment in concept of looking for multiple lines of description of greater sage-grouse the State of Washington, we accepted evidence, in referring to abrupt and distribution, Schroeder et al. (2004, p. the published taxonomy for western discrete differences in morphology, 369) noted the lack of evidence for sage-grouse because that taxonomy itself coloration, and often corresponding differentiating between the purported was not the subject of the review and differences in behavior or habitat as subspecies, stating ‘‘We did not quantify thus not subject to more rigorous well (AOU 1998, p. xii). To assess the respective distributions of the evaluation at the time. subspecies diagnosability, we evaluated eastern and western subspecies because Taxonomy is a component of the all the best scientific and commercial of the lack of a clear dividing line biological sciences. Therefore, in our information available to determine (Aldrich and Duvall 1955) and the lack evaluation of the reliability of the whether the evidence points to a of genetic differentiation (Benedict et al. information, we considered scientists consistent separation of birds currently 2003).’’ Based on this information, there with appropriate taxonomic credentials purported to be ‘‘western sage-grouse’’ does not appear to be any clear and (which may include a combination of from other populations of greater sage- consistent geographic separation education, training, research, grouse. This evaluation incorporated between sage-grouse historically publications, classification and/or other information that has become available described as ‘‘eastern’’ and ‘‘western.’’ experience relevant to taxonomy) as since the AOU’s last subspecies review qualified to provide informed opinions in 1957, and included data on the Morphology regarding taxonomy, make taxonomic geographic separation of the putative As noted above, the original distinctions, and/or question taxonomic eastern and western subspecies, description of the western subspecies of classification. behavior, morphology, and genetics. If sage-grouse was based solely on There is no universally accepted the assessment of these multiple differences in coloration (specifically, definition of what constitutes a characters provided a clear and reduced white markings and darker subspecies, and the use of subspecies consistent separation of the putative feathering on western birds) among 11 may vary between taxonomic groups western subspecies from other museum specimens (10 whole birds, 1 (Haig et al. 2006, pp. 1584-1594). The populations of sage-grouse, such that head only) collected from 8 locations in Service acknowledges the diverse any individual bird from the range of Washington, Oregon, and California opinions of the scientific community the western sage-grouse would likely be (Aldrich 1946, p. 129). By today’s about species and subspecies concepts. correctly assigned to that subspecies on standards, this represents an extremely However, to be operationally useful, the basis of the suite of characteristics small sample size that would likely

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13914 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

yield little confidence in the ability to described subspecies based on plumage conducted a comprehensive discriminate between populations on or morphology. examination of the distribution of the basis of this character. Furthermore, genetic variation across the entire range Behavior the subspecies designation was based on of greater sage-grouse, using both this single characteristic; no other The only data available with respect mitochondrial and nuclear differences between the western and to behavior are for strutting behavior on deoxyribonucleic acid (DNA) sequence eastern subspecies of sage-grouse were leks, a key component of mate selection. data. Oyler-McCance et al. (2005, p. noted in Aldrich’s original description One recent study compared the male 1306) found that the overall distribution (Aldrich 1946, p. 129; USFWS 2010). strut behavior between three sage-grouse of genetic variation showed a gradual Banks (1992) noted plumage color populations that happen to include shift across the range in both variation in the original specimens populations from both sides of the mitochondrial and nuclear DNA data Aldrich (1946) used to make his putative eastern-western line (Taylor sets. Their results demonstrate that subspecies designation, and agreed that and Young 2006, pp. 36-41). However, greater sage-grouse populations follow the specimens from Washington, the classification of these populations an isolation-by-distance model of Oregon, and northern California did changes depending on the description of restricted gene flow (gene flow resulting appear darker than the specimens western sage-grouse used. The Lyon/ from movement between neighboring collected in the eastern portion of the Mono population falls within the populations rather than being the result range. However, individual intermediate zone identified by Aldrich of long distance movements of morphological variation in greater sage- and Duvall (1955, p. 12) but would be individuals) (Oyler-McCance et al. 2005, grouse, such as plumage coloration, is classified as eastern under Aldrich p. 1293; Campton 2007, p. 4), and are extensive (Banks 1992). Further, given (1963, p. 541). The Lassen population not consistent with subspecies current taxonomic concepts, Banks may be considered either western designations. Oyler-McCance and Quinn (1992) doubted that most current (Aldrich 1946, p. 129) or intermediate (in press, entire) reviewed available taxonomists would identify a subspecies (Aldrich and Duvall 1955, p. 12; Aldrich studies that used molecular genetic based on minor color variations from a 1963, p. 541). The Nye population falls approaches, including Oyler-McCance limited number of specimens, as were within the range of the eastern sage- et al. (2005). They examined the genetic available to Aldrich during the mid- grouse (Aldrich and Duvall 1955, p. 12; data bearing on the delineation of the 1900s (Aldrich 1946, p. 129; Aldrich Aldrich 1963, p. 541). The researchers western and eastern subspecies of found that male strut rates were not and Duvall 1955, p. 12; Aldrich 1963, greater sage-grouse, and determined that significantly different between pp. 539-541). Finally, the AOU the distinction is not supported by the populations, but that acoustic Committee on Classification has stated genetic data (Oyler-McCance and Quinn components of the display for the Lyon/ that, because of discoloration resulting in press, p. 4). The best available genetic Mono and Lassen populations from and poor specimen information thus does not support the (considered intermediate and/or preparation, museum specimens ‘‘nearly recognition of the western sage-grouse western) were similar to each other, always must be supplemented by new as a separate subspecies. whereas the Nye population (eastern) material for comprehensive systematic was distinct. We consider these results Summary: Taxonomic Evaluation of the studies.’’ (AOU, Check-list of North inconclusive in distinguishing between Subspecies American Birds, 7th ed., 1998, p. xv.) eastern and western subspecies because The AOU has not revisited the Schroeder (2008, pp. 1-19) examined of the inconsistent results and limited question of whether the eastern and previously collected morphological data geographic scope of the study. western subspecies are valid since their across the species’ range from both Schroeder (2008, p. 9) also examined original classification in 1957. We have published and unpublished sources. He previously collected data on strutting examined the best scientific information found statistically significant behavior on leks, including Taylor and available regarding the putative differences between sexes, age groups, Young (2006). He noted that, although subspecies of the greater sage-grouse and populations in numerous there was regional variation in the strut and have considered multiple lines of characteristics including body mass, rate of sage-grouse, it was not clear if evidence for the potential existence of wing length, tail length, and primary this variation reflected population-level western and eastern subspecies based feather length. Many of these differences effects or some other unexplained on geographic, morphological, were associated with sex and age, but variation. Based on the above limited behavioral, and genetic data. In our body mass also varied by . There information, we do not consider there to evaluation, we looked for any consistent also were substantial morphometric be any strong evidence of a clear significant differences in these (size and shape) differences among separation of the western sage-grouse characters that might support populations. Notably, however, these from other populations on the basis of recognition of the western or eastern population differences were not behavioral differences. sage-grouse as clear, discrete, and consistent with any of the described diagnosable populations, such that geographic delineations between eastern Genetics either might be considered a subspecies. and western subspecies. For example, Genetic research can sometimes As described above, the boundaries sage-grouse from Washington and from augment or refine taxonomic definitions distinguishing the two putative Northern Colorado up to Alberta that are based on morphology or subspecies have shifted over time, and appeared to be larger than those in behavior or both (discussed in Haig et there does not appear to be any clear Idaho, Nevada, Oregon, and California al. 2006, p. 1586; Oyler-McCance and and consistent geographic separation (Schroeder 2008, p. 9). This regional Quinn in press, p. 19). Benedict et al. between sage-grouse historically variation was not consistent with (2003, p. 309) found no genetic data described as ‘‘eastern’’ and ‘‘western.’’ differences in previously established supporting a subspecies designation. To Banks (1992) and Schroeder (2008, p. 9) genetic characteristics (Oyler-McCance investigate taxonomic questions and both found morphological variations et al. 2005, as cited in Schroeder 2008, examine levels of gene flow and between individuals and populations, p. 9). Thus our review revealed no clear connectedness among populations, but Banks stated that the differences basis for differentiating between the two Oyler-McCance et al. (2005, p. 1294) would not be sufficient to recognize

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13915

subspecies by current taxonomic surrounded by denser shrub-steppe pp. 4-17, 18; Connelly et al. in press b, standards, and Schroeder noted that the cover, which is used for escape, p. 12). Sage-grouse also may use other differences were not consistent with any thermal, and feeding cover. The shrub or bunchgrass species for nest of the described geographic or genetic proximity, configuration, and sites (Klebenow 1969, p. 649; Connelly delineations between putative abundance of nesting habitat are key et al. 2000a, p. 970; Connelly et al. 2004, subspecies. Schroeder (2008 p. 9) also factors influencing lek location p. 4-4). Shrub canopy and grass cover noted regional behavior differences in (Connelly et al., 1981, and Connelly et provide concealment for sage-grouse strut rate, but stated it was not clear if al., 2000 b, cited in Connelly et al., in nests and young, and are critical for this variation reflected population-level press a, p. 11). Leks can be formed reproductive success (Barnett and effects. Finally, the best available opportunistically at any appropriate site Crawford 1994, p. 116; Gregg et al. 1994, genetic information indicates there is no within or adjacent to nesting habitat p. 164; DeLong et al.1995, p. 90; distinction between the putative (Connelly et al. 2000a, p. 970), and, Connelly et al. 2004, p. 4-4). Published western and eastern subspecies therefore, lek habitat availability is not vegetation characteristics of successful (Benedict et al. 2003, p. 309; Oyler- considered to be a limiting factor for nest sites included a sagebrush canopy McCance and Quinn in press, p. 12). sage-grouse (Schroeder 1999, p. 4). Nest cover of 15–25 percent, sagebrush Because the best scientific and sites are selected independent of lek heights of 30 to 80 cm (11.8 to 31.5 in.), commercial information do not support locations, but the reverse is not true and grass/forb cover of 18 cm (7.1 in.) the taxonomic validity of the purported (Bradbury et al. 1989, p. 22; Wakkinen (Connelly et al. 2000a, p. 977). eastern or western subspecies, our et al. 1992, p. 382). Thus, leks are Sage-grouse clutch size ranges from 6 analysis of the status of the greater sage- indicative of nesting habitat. to 9 eggs with an average of 7 eggs grouse (below) does not address Leks range in size from less than 0.04 (Connelly et al. in press a, pp. 14-15). considerations at the scale of hectare (ha) (0.1 acre (ac)) to over 36 ha The likelihood of a female nesting in a subspecies. (See Findings section, (90 ac) (Connelly et al. 2004, p. 4-3) and given averages 82 percent in below, for our finding on the petition to can host from several to hundreds of eastern areas of the range (Alberta, list the western subspecies of the greater males (Johnsgard 2002, p. 112). Males Montana, North Dakota, South Dakota, sage-grouse.) defend individual territories within leks Colorado, Wyoming) and 78 percent in and perform elaborate displays with western areas of the range (California, Life Characteristics their specialized plumage and Nevada, Idaho, Oregon, Washington, Greater sage-grouse depend on a vocalizations to attract females for Utah ) (Connelly et al. in press a, p. 15). variety of shrub-steppe habitats mating. Although males are capable of Adult females have higher nest throughout their life cycle, and are breeding the first spring after hatch, initiation rates than yearling females considered obligate users of several young males are rarely successful in (Connelly et al. in press a, p. 15). Nest species of sagebrush (e.g., Artemisia breeding on leks due to the dominance success (one or more eggs hatching from tridentata ssp. wyomingensis (Wyoming of older males (Schroeder et al. 1999, p. a nest), as reported in the scientific big sagebrush), A. t. ssp. vaseyana 14). Numerous researchers have literature, varies widely (15–86 percent (mountain big sagebrush), and A. t. observed that a relatively small number Schroeder et al. 1999, p. 11). Overall, tridentata (basin big sagebrush)) of dominant males account for the the average nest success for sage-grouse (Patterson 1952, p. 48; Braun et al. 1976, majority of copulations on each lek in habitats where sagebrush has not p. 168; Connelly et al. 2000a, pp. 970- (Schroeder et al. 1999, p. 8). However, been disturbed is 51 percent and for 972; Connelly et al. 2004, p. 4-1; Miller Bush (2009, p. 106) found on average sage-grouse in disturbed habitats is 37 et al. in press, p. 1). Greater sage-grouse that 45.9 percent (range 14.3 to 54.5 percent (Connelly et al., in press a, p. 1). also use other sagebrush species such as percent) of genetically identified males Re-nesting only occurs if the original A. arbuscula (low sagebrush), A. nova in a population fathered offspring in a nest is lost (Schroeder et al. 1999, p. 11). (black sagebrush), A. frigida (fringed given year, which indicates that males Sage-grouse re-nesting rates average 28.9 sagebrush), and A. cana silver sagebrush and females likely engage in off-lek percent (based on 9 different studies) (Schroeder et al. 1999, pp. 4-5; Connelly copulations. Males do not participate in with a range from 5 to 41 percent et al. 2004, p. 3-4). Thus, sage-grouse incubation of eggs or rearing chicks. (Connelly et al. 2004. p. 3-11). Other distribution is strongly correlated with Females have been documented to game bird species have much higher re- the distribution of sagebrush habitats travel more than 20 km (12.5 mi) to their nesting rates, often exceeding 75 (Schroeder et al. 2004, p. 364). Sage- nest site after mating (Connelly et al. percent. The impact of re-nesting on grouse exhibit strong site fidelity 2000a, p. 970), but distances between a annual productivity for most sage- (loyalty to a particular area even when nest site and the lek on which breeding grouse populations is unclear and the area is no longer of value) to occurred is variable (Connelly et al. thought to be limited (Crawford et al. seasonal habitats, which includes 2004, pp. 4-5). Average distance 2004, p. 4). In north-central Washington breeding, nesting, brood rearing, and between a female’s nest and the lek on State, re-nesting contributed to 38 wintering areas (Connelly et al. 2004, p. which she was first observed ranged percent of the annual productivity of 3-1). Adult sage-grouse rarely switch from 3.4 km (2.1 mi) to 7.8 km (4.8 mi) that population (Schroeder 1997, p. between these habitats once they have in five studies examining 301 nest 937). However, the author postulated been selected, limiting their adaptability locations (Schroeder et al. 1999 p. 12). that the re-nesting efforts in this to changes. Productive nesting areas are typically population may be greater than During the spring breeding season, characterized by sagebrush with an anywhere else in the species’ range male sage-grouse gather together to understory of native grasses and forbs, because environmental conditions allow perform courtship displays on areas with horizontal and vertical structural a longer period of time to successfully called leks. Areas of bare soil, short- diversity that provides an insect prey rear a clutch (Schroeder 1997, p. 939). grass steppe, windswept ridges, exposed base, herbaceous forage for pre-laying Little information is available on the knolls, or other relatively open sites and nesting hens, and cover for the hen level of productivity (number of chicks typically serve as leks (Patterson 1952, while she is incubating (Gregg 1991, p. per hen that survive to fall) that is p. 83; Connelly et al. 2004, p. 3-7 and 19; Schroeder et al. 1999, p. 4; Connelly necessary to maintain a stable references therein). Leks are often et al. 2000a, p. 971; Connelly et al. 2004, population (Connelly et al. 2000b, p.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13916 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

970). However, Connelly et al. (2000b, both food and cover. Sagebrush stand documented in various studies ranged p. 970, and references therein) suggest selection is influenced by snow depth from 38 to 60 percent and 55 to 75 that 2.25 chicks per hen are necessary (Patterson 1952, p. 184; Hupp and percent for females (Schroeder et al. to maintain stable to increasing Braun 1989, p. 827), availability of 1999, p. 14). Higher female survival populations. Long-term productivity sagebrush above the snow to provide rates account for a female-biased sex estimates of 1.40–2.96 chicks per hen cover (Connelly et al. 2004, pp. 4-13, ratio in adult birds (Schroeder 1999, p. across the species range have been and references therein) and, in some 14; Johnsgard 2002, p. 621). The sex reported (Connelly and Braun 1997, p. areas, topography (e.g., elevation, slope ratio of sage-grouse breeding 20). Productivity declined slightly after and aspect; Beck 1977, p. 22; Crawford populations varies widely with values 1985 to 1.21–2.19 chicks per hen et al. 2004, p. 5). between 1.2 and 3 females per male (Connelly and Braun 1997, p. 20). Many populations of sage-grouse being reported (Connelly et al., in press Despite average clutch sizes of 7 eggs migrate between seasonal ranges in a, p. 23). Although seasonal patterns of (Connelly et al. in press a, p. 15) due to response to habitat distribution mortality have not been thoroughly low chick survival and limited (Connelly et al. 2004, p. 3-5). Migration examined, over-winter mortality renesting, there is little evidence that can occur between winter and breeding appears to be low (Connelly et al. populations of sage-grouse produce and summer areas, between breeding, 2000b, p. 229; Connelly et al. 2004, p. large annual surpluses (Connelly et al. summer, and winter areas, or not at all. 9-4). While both males and females are in press a, p. 24). Migration distances of up to 161 km capable of breeding the first spring after Hens rear their broods in the vicinity (100 mi) have been recorded (Patterson hatch, young males are rarely successful of the nest site for the first 2–3 1952, p.189); however, distances vary due to the dominance of older males on following hatching (within 0.2–5 km depending on the locations of seasonal the lek (Schroeder et al. 1999, p. 14). (0.1–3.1 mi)), based on two studies in habitats (Schroeder et al. 1999, p. 3). Nesting rates of yearling females are 25 Wyoming (Connelly et al. 2004, p. 4-8). Migration distances for female sage- percent less than adult females Forbs and insects are essential grouse generally are less than for males (Schroeder et al. 1999, p. 13). nutritional components for chicks (Connelly et al. 2004, p. 3-4), but in one (Klebenow and Gray 1968, p. 81; study in Colorado, females traveled Habitat Description and Characteristics Johnson and Boyce 1991, p. 90; farther than males (Beck 1977, p. 23). Sage-grouse are dependent on large Connelly et al. 2004, p. 4-9). Therefore, Almost no information is available areas of contiguous sagebrush (Patterson early brood-rearing habitat must provide regarding the distribution and 1952, p. 48; Connelly et al. 2004, p. 4- adequate cover (sagebrush canopy cover characteristics of migration corridors for 1; Connelly et al. in press a, p. 10; of 10 to 25 percent; Connelly et al. sage-grouse (Connelly et al. 2004, p. 4- Wisdom et al. in press, p. 4), and large- 2000a, p. 977) adjacent to areas rich in 19). Sage-grouse dispersal (permanent scale characteristics within surrounding forbs and insects to ensure chick moves to other areas) is poorly landscapes influence sage-grouse habitat survival during this period (Connelly et understood (Connelly et al. 2004, p. 3- selection (Knick and Hanser in press, p. al. 2004, p. 4-9). 5) and appears to be sporadic (Dunn and 26). Sagebrush is the most widespread All sage-grouse gradually move from Braun 1986, p. 89). Estimating an vegetation in the intermountain sagebrush uplands to more mesic areas ‘‘average’’ home range for sage-grouse is lowlands in the western United States (moist areas such as streambeds or wet difficult due to the large variation in (West and Young 2000, p. 259) and is meadows) during the late brood-rearing sage-grouse movements both within and considered one of the most imperiled period (3 weeks post-hatch) in response among populations. This variation is ecosystems in North America (Knick et to summer desiccation of herbaceous related to the spatial availability of al. 2003, p. 612; Miller et al. in press, vegetation (Connelly et al. 2000a, p. habitats required for seasonal use, and p. 4, and references therein). Scientists 971). Summer use areas can include annual recorded home ranges have recognize 14 species and 13 subspecies sagebrush habitats as well as riparian varied from 4 to 615 square kilometers of sagebrush (Connelly et al. 2004, p. 5- areas, wet meadows, and alfalfa fields (km2) (1.5 to 237.5 square miles (mi2)) 2; Miller et al. in press, p. 8), each with (Schroeder et al. 1999, p. 4). These areas (Connelly et al., in press a, p. 10). unique habitat requirements and provide an abundance of forbs and Sage-grouse typically live between 3 responses to perturbations (West and insects for both hens and chicks and 6 , but individuals up to 9 Young 2000, p. 259). Sagebrush species (Schroeder et al. 1999, p. 4; Connelly et years of age have been recorded in the and subspecies occurrence in an area is al. 2000a, p. 971). Sage-grouse will use wild (Connelly et al. 2004, p. 3-12). dictated by local soil type, soil moisture, free water although they do not require Hens typically survive longer due to a and climatic conditions (West 1983, p. it since they obtain their water needs disproportionate impact of predation on 333; West and Young 2000, p. 260; from the food they eat. However, natural leks to males (Schroeder et al. 1999, p. Miller et al. in press, pp. 8-11). The water bodies and reservoirs can provide 14). Juvenile survival (from hatch to first degree of dominance by sagebrush mesic areas for succulent forb and insect breeding season) is affected by food varies with local site conditions and production, thereby attracting sage- availability, habitat quality, harvest, and disturbance history. Plant associations, grouse hens with broods (Connelly et al. weather. Based on a review of many typically defined by perennial grasses, 2004, p. 4-12). Broodless hens and cocks field studies, juvenile survival rates further define distinctive sagebrush also will use more mesic areas in close range from 7 to 60 percent (Connelly et communities (Miller and Eddleman proximity to sagebrush cover during the al. 2004, p. 3-12). The variation in 2000, pp. 10-14; Connelly et al. 2004, p. late summer, often arriving before hens juvenile mortality rates may be 5-3), and are influenced by topography, with broods (Connelly et al. 2004, p. 4- associated with gender, weather, harvest elevation, precipitation, and soil type. 10). rates, age of brood female (broods with These ecological conditions influence As vegetation continues to desiccate adult females have higher survival), and the response and resiliency of sagebrush through the late summer and fall, sage- with habitat quality (rates increase in and their associated understories to grouse shift their diet entirely to poor habitats) (Schroeder et al. 1999, p. natural and human-caused changes. sagebrush (Schroeder et al. 1999, p. 5). 14; Connelly et al., in press a, p. 20). Sagebrush is typically divided into Sage-grouse depend entirely on The average annual survival rate for two groups, big sagebrush and low sagebrush throughout the winter for male sage-grouse (all ages combined) sagebrush, based on their affinities for

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13917

different soil types (West and Young years, depending on sagebrush type and Greater sage-grouse require large, 2000, p. 259). Big sagebrush species and environmental conditions (Baker in interconnected expanses of sagebrush subspecies, such as A. tridentata ssp. press, p. 16). Natural sagebrush with healthy, native understories wyomingensis, are limited to coarse- recolonization in burned areas depends (Patterson 1952, p. 9; Knick et al. 2003, textured and/or well-drained sediments. on the presence of adjacent live plants p. 623; Connelly et al. 2004, pp. 4-15; Low sagebrush, such as A. nova, for a seed source or on the seed bank, Connelly et al. in press a, p. 10; Pyke typically occur where erosion has if present (Miller and Eddleman 2000, p. in press, p. 7; Wisdom et al. in press, exposed clay or calcified soil horizons 17), and requires decades for full p. 4). There is little information (West 1983, p. 334; West and Young recovery. available regarding minimum sagebrush 2000, p. 261). Reflecting these soil Plants associated with the sagebrush patch sizes required to support differences, big sagebrush will die if understory vary, as does their populations of sage-grouse. This is due surfaces are saturated long enough to productivity. Both plant composition in part to the migratory nature of some create anaerobic conditions for 2 to 3 and productivity are influenced by but not all sage-grouse populations, the days (West and Young 2000, p. 259). moisture availability, soil lack of juxtaposition of seasonal Some low sagebrush are more tolerant of characteristics, climate, and topographic habitats, and differences in local, occasionally supersaturated soils, and position (Miller et al., in press, pp. 8- regional, and range-wide ecological many low sage sites are partially 14). Forb abundance can be highly conditions that influence the flooded during spring snowmelt. None variable from year to year and is largely distribution of sagebrush and associated of the sagebrush taxa tolerate soils with affected by the amount and timing of understories. Where home ranges have high salinity (West 1983, p. 333; West precipitation. been reported (Connelly et al. in press and Young 2000, p. 257). Sagebrush that Very little sagebrush within its extant a, p. 10 and references therein), they are provide important annual and seasonal range is undisturbed or unaltered from extremely variable (4 to 615 km2 range habitats for sage-grouse include three its condition prior to EuroAmerican (1.5 to 237.5 mi2)). Occupancy of a subspecies of big sagebrush (A. t. ssp. settlement in the late 1800s (Knick et al. home range also is based on multiple wyomingensis, A. t. ssp. tridentata and 2003, p. 612, and references therein). variables associated with both local A. t. ssp. vaseyana), two low forms of Due to the disruption of primary vegetation characteristics and landscape sagebrush (A. arbuscula (little patterns, processes, and components of characteristics (Knick et al. 2003, p. sagebrush) and A. nova), and A. cana sagebrush ecosystems since 621). Pyke (in press, p. 18) estimated ssp. cana (Miller et al. in press, p. 8). EuroAmerican settlement (Knick et al. that greater than 4,000 ha (9,884 ac) was All species of sagebrush produce large 2003, p. 612; Miller et al. in press, p. 4), necessary for population sustainability. ephemeral leaves in the spring, which the large range of abiotic variation, the However, he did not indicate whether persist until reduced soil moisture minimal short-lived seed banks, and the this value was for migratory or occurs in the summer. Most species also long generation time of sagebrush, nonmigratory populations, nor if this produce smaller, over-wintering leaves restoration of disturbed areas is very included juxtaposition of all seasonal in the late spring that last through difficult. Not all areas previously habitats. Large seasonal and annual summer and winter. Sagebrush have dominated by sagebrush can be restored movements emphasize the landscape fibrous tap root systems, which allow because alteration of vegetation, nature of the greater sage-grouse (Knick the plants to draw surface soil moisture, nutrient cycles, topsoil, and living et al. 2003, p. 624; Connelly et al. in and also to access water deep within the (cryptobiotic) soil crusts has exceeded press a, p. 10). soil profile when surface water is recovery thresholds (Knick et al. 2003, limited (West and Young 2000, p. 259). p. 620). Additionally, processes to Range and Distribution of Sage-Grouse Most sagebrush flower in the fall. restore sagebrush ecology are relatively and Sagebrush However, during years of drought or unknown (Knick et al. 2003, p. 620). Prior to settlement of western North other moisture stress, flowering may not Active restoration activities are often America by European immigrants in the occur. Although seed viability and limited by financial and logistic 19th century, greater sage-grouse germination are high, seed dispersal is resources and lack of political occurred in 13 States and 3 Canadian limited. Sagebrush seeds, depending on motivation (Knick et al. 2003, p. 620; provinces—Washington, Oregon, the species, remain viable for 1 to 3 Miller et al. in press, p. 5) and may California, Nevada, Idaho, Montana, years. However, Wyoming big sagebrush require decades or centuries (Knick et Wyoming, Colorado, Utah, South seeds do not persist beyond the year of al. 2003, p. 620, and references therein). Dakota, North Dakota, Nebraska, their production (West and Young 2000, Meaningful restoration for greater sage- Arizona, British Columbia, Alberta, and p. 260). grouse requires landscape, watershed, or Saskatchewan (Schroeder et al. 1999, p. Sagebrush is long-lived, with plants of eco-regional scale context rather than 2; Young et al. 2000, p. 445; Schroeder some species surviving up to 150 years individual, unconnected efforts (Knick et al. 2004, p. 369). Sagebrush habitats (West 1983, p. 340). They produce et al. 2003, p. 623, and references that potentially supported sage-grouse allelopathic chemicals that reduce seed therein; Wisdom et al. in press, p. 27). occurred over approximately 1,200,483 germination, seedling growth, and root Landscape restoration efforts require a km2 (463,509 mi2) before 1800 respiration of competing plant species broad range of partnerships (private, (Schroeder et al. 2004, p. 366). and inhibit the activity of soil microbes State, and Federal) due to Currently, greater sage-grouse occur in and nitrogen fixation. Sagebrush has landownership patterns (Knick et al. 11 States (Washington, Oregon, resistance to environmental extremes, 2003, p. 623; see discussion of California, Nevada, Idaho, Montana, with the exception of fire and landownership below). Except for areas Wyoming, Colorado, Utah, South occasionally defoliating insects (e.g., where active restoration is attempted Dakota, and North Dakota), and 2 webworm (Aroga spp.); West 1983, p. following disturbance (e.g., mining, Canadian provinces (Alberta and 341). Most species of sagebrush are wildfire), management efforts in Saskatchewan), occupying killed by fire (West 1983, p. 341; Miller sagebrush ecosystems are usually approximately 56 percent of their and Eddleman 2000, p. 17; West and focused on maintaining the remaining historical range (Schroeder et al. 2004, Young 2000, p. 259), and historic fire- sagebrush (Miller et al. in press, p. 5; p. 369). Approximately 2 percent of the return intervals were as long as 350 Wisdom et al. in press, pp. 26, 30). total range of the greater sage-grouse

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13918 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

occurs in Canada, with the remainder in degradation (Schroeder et al. 2004, p. al. 2003, p. 612 ). There also are the United States (Knick in press, p. 14). 363). challenges in mapping altered and Sage-grouse have been extirpated Sage-grouse distribution is associated depleted understories, particularly in from Nebraska, British Columbia, and with sagebrush (Schroeder et al. 2004; semi-arid regions, so maps depicting possibly Arizona (Schroeder et al. 1999, p. 364), although sagebrush is more only sagebrush as a dominant cover type widely distributed. However, sagebrush are deceptive in their reflection of p. 2; Young et al. 2000 p. 445; Schroeder does not always provide suitable habitat habitat quality and, therefore, use by et al. 2004, p. 369). Current distribution due to fragmentation and degradation sage-grouse (Knick et al. 2003, p. 616). of the greater sage-grouse is estimated at 2 2 (Schroeder et al. 2004, pp. 369, 372). As such, variations in the quality of 668,412 km (258,075 mi ; Connelly et Very little of the extant sagebrush is sagebrush habitats (from either abiotic al. 2004, p. 6-9; Schroeder et al. 2004, undisturbed, with up to 50 to 60 percent or anthropogenic events) are reflected p. 369). Changes in distribution are the having altered understories or having by sage-grouse distribution and result of sagebrush alteration and been lost to direct conversion (Knick et densities (Figure 1).

Sagebrush occurs in two natural 7). Other sagebrush types within greater MZs were delineated based on their vegetation types that are delineated by sage-grouse range include mixed-desert ecological and biological attributes temperature and patterns of shrubland in the Bighorn Basin of rather than on arbitrary political precipitation (Miller et al. in press, p. 7). Wyoming, and grasslands in eastern boundaries (Stiver et al. 2006, p. 1-6). Sagebrush steppe ranges across the Montana and Wyoming that also Therefore, vegetation found within a northern portion of sage-grouse range, support A. cana and A. filifolia (sand MZ is similar and sage-grouse and their from British Columbia and the sagebrush) (Miller et al. in press, p. 7). habitats within these areas are likely to Columbia Basin, through the northern Due to differences in the ecology of respond similarly to environmental Great Basin, Snake River Plain, and sagebrush across the range of the greater factors and management actions. The Montana, and into the Wyoming Basin sage-grouse, the Western Association of WAFWA conservation strategy includes and northern Colorado. Great Basin Fish and Wildlife Agencies (WAFWA) the Gunnison sage-grouse, and the sagebrush occurs south of sagebrush delineated seven Management Zones boundary for MZ VII includes its range steppe, and extends from the Colorado (MZs I-VII) based primarily on floristic (Stiver et al. 2006, pp. 1-1, 1-8), which Plateau westward into Nevada, Utah, provinces (Figure 2; Table 1; Stiver et al. does not overlap with the range of the and California (Miller et al. in press, p. 2006, p. 1-6). The boundaries of these greater sage-grouse.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 EP23MR10.000 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13919

TABLE 1—THE MANAGEMENT ZONES OF THE GREATER SAGE-GROUSE AS DEFINED BY STIVER et al. (2006, PP. 1-7, 1-11).

MZ STATES AND PROVINCES INCLUDED FLORISTIC REGION

I MT, WY, ND, SD, SK, AL Great Plains

II ID, WY, UT, CO Wyoming Basin

III UT, NV, CA Southern Great Basin

IV ID, UT, NV, OR Snake River Plain

V OR, CA, NV Northern Great Basin

VI WA Columbia Basin

VII CO, UT Colorado Plateau

As stated above, due to the variability greater sage-grouse and have the highest fewer numbers of more dispersed birds in habitat conditions, sage-grouse are reported densities (Table 2, Figures 1, 2; occur in MZ VI (Stiver et al. 2006, p. 1- not evenly distributed across the range Stiver et al. 2006, p. 1-12). The MZ III 7). (Figure 1). The MZs I, II, IV, and V is composed of lower density encompass the core populations of populations in the Great Basin, while

TABLE 2—RELATIVE ABUNDANCE OF GREATER SAGE-GROUSE LEKS, AND NUMBERS OF MALES ATTENDING LEKS BY MAN- AGEMENT ZONE, BASED ON THE MEAN NUMBER OF INDIVIDUAL LEKS AND MEAN MAXIMUM NUMBER OF MALES ATTEND- ING LEKS BY MZ DURING 2005–2007.

Relative Abundance of Males MZ Relative Abundance of Leks Attending Leks

I 0.17 0.15

II 0.48 0.50

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 EP23MR10.001 13920 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

TABLE 2—RELATIVE ABUNDANCE OF GREATER SAGE-GROUSE LEKS, AND NUMBERS OF MALES ATTENDING LEKS BY MAN- AGEMENT ZONE, BASED ON THE MEAN NUMBER OF INDIVIDUAL LEKS AND MEAN MAXIMUM NUMBER OF MALES ATTEND- ING LEKS BY MZ DURING 2005–2007.—Continued

Relative Abundance of Males MZ Relative Abundance of Leks Attending Leks

III 0.06 0.07

IV 0.19 0.18

V 0.09 0.10

VI 0.004 0.005

VII 0.003 0.003

Land Ownership of Habitats capacity for agricultural development or Service (USFS) is responsible for Greater sage-grouse extant habitats increased grazing activities (Knick in management of approximately 8 percent have multiple surface ownerships, as press, p. 15). The lands remaining in of sage-grouse habitat (Table 3). Other reflected in Table 3. Most of the habitats Federal ownership were of poorer Federal agencies, including the Service, occur on Federal surfaces, a reflection of overall quality. The resulting low Bureau of Indian Affairs (BIA), Bureau land disposal practices during productivity on Federal surfaces affects of Reclamation (BOR), National Park EuroAmerican settlement of the western their ability to recover from disturbance Service (NPS), Department of Defense United States (Knick in press, pp. 5-10). (Knick in press, p. 17). (DOD), and Department of Energy (DOE) Lands dominated by sagebrush that Federal agencies manage almost two- also are responsible for sagebrush were disposed to private ownership thirds of the sagebrush habitats (Table habitats, but at a much smaller scale typically had deeper soils and greater 3). The Bureau of Land Management (Table 3). State agencies manage available water capacity or access to (BLM) manages just over half of sage- approximately 5 percent of sage-grouse water (valley bottoms), reflecting their grouse habitats, while the U.S. Forest habitats.

TABLE 3—PERCENT SURFACE OWNERSHIP OF TOTAL SAGEBRUSH AREA (KM2 (MI2)) WITHIN THE SAGE-GROUSE MANAGE- MENT ZONES (FROM KNICK IN PRESS, P. 39). OTHER FEDERAL AGENCIES INCLUDE THE SERVICE, BOR, NPS, DOD, AND DOE. MZ VII INCLUDES BOTH GUNNISON AND GREATER SAGE-GROUSE.

Sagebrush Management and Ownership Sage-grouse km2 mi2 Other MZ BLM Private USFS State BIA Federal Percent Percent Percent Percent Percent Percent

I Great Plains 50,264 19,407 17 66 2 7 4 3

II Wyoming 108,771 41,996 49 35 4 7 4 1 Basin

III Southern 92,173 35,588 73 13 10 3 1 0 Great Basin

IV Snake 134,187 51,810 53 29 11 6 1 0 River Plain

V Northern 65,536 25,303 62 21 10 1 1 6 Great Basin

VI Columbia 12,105 4,674 6 64 2 12 13 3 Basin

VII Colorado 17,534 6,770 42 36 6 6 9 1 Plateau

TOTALS 480,570 185,549 52 31 8 5 3 1

Population Size were abundant throughout their range, (Hornaday 1916, pp. 181-185). with estimates of historical populations Following a review of published Estimates of greater sage-grouse ranging from 1,600,000 to 16,000,000 literature and anecdotal reports, abundance were mostly anecdotal prior birds (65 FR 51580, August 24, 2000). Connelly et al. (2004, ES-1-3) concluded to the implementation of systematic However, concerns about extinction that the abundance of sage-grouse has surveys in the 1950s (Braun 1998, p. were raised in early literature due to declined from presettlement (defined as 139). Early reports suggested the birds market hunting and habitat alteration 1800) numbers. Most of the historical

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13921

population changes were the result of observer bias, observer experience, time techniques are beginning to be local extirpations, which has been counted) were identified by Walsh et al. implemented throughout the species’ inferred from a 44 percent reduction in (2006, pp. 61-64) and Garton et al. (in range (Stiver et al. 2006, pp. 3-1 to 3- sage-grouse distribution described by press, p. 6), and many of those problems 16). The use of harvest data for Schroeder et al. 2004 (Connelly et al. still persist (Stiver et al. 2006, p. 3-1). estimating population numbers also is 2004, p. 6-9). Additionally, estimating population of limited value since both harvest and Population numbers are difficult to sizes using lek data is difficult as the the population size on which harvest is estimate due to the large range of the relationship of those data to actual based are estimates. Given the species, physical difficulty in accessing population size (e.g., ratio of males to limitations of these data, States usually some areas of habitat, the cryptic females, percent unseen birds) is rely on a combination of actual counts coloration and behavior of hens (Garton et al. in press, p. 6), and survey usually unknown (WAFWA 2008, p. 3). of birds on leks and harvest data to protocols. Problems with inconsistent However, the annual counting of males estimate population size. Estimates of sampling protocols for lek surveys (e.g., on leks remains the primary approach to populations by State, generated from a number of a lek is counted, monitor long-term trends of populations variety of data sources, are provided in number of leks surveyed in a year, (WAFWA 2008, p. 3), and standardized Table 4.

TABLE 4—SAGE-GROUSE POPULATION ESTIMATES BASED ON DATA FROM STATE WILDLIFE AGENCIES.

Estimated Location Data Year Source Population

CA/NV 2004 California/Nevada Sage-grouse Conservation Team (2004, p. 26) 88,000

CO 2008 2007 CO Conservation plan, based on adjusted male lek counts (count + 22,646 1.6 multiplier, sex ratio females:males) (Colorado Greater Sage-grouse Steering Committee 2008, p. 56)

ID 2007 Calculated based on assumption of 5% of population is harvested 98,700 (Service, unpublished data)

MT 2007 Calculated based on assumption of 5% of population is harvested 62,320 (Service, unpublished data)

ND 2007 2008 lek counts adjusted (assumes 75% of males counted at lek, & sex 308 ratio of 2:1) (A. Robinson, NDGFD, pers. comm., 2008)

OR 2003 2003 Oregon Conservation Plan Estimate (Hagen 2005, p. 27) 40,000

SD 2007 South Dakota Game and Fish web page (last updated in 2007) 1,500

UT 2002 Utah Division of Wildlife Resources (2002, p. 13) 12,999

WA 2003 Washington Division of Fish and Wildlife (Stinson et al. 2004, p. 21) 1,059

WY 2007 Calculated based on assumption of 5% of population is harvested 207,560 (Service, unpublished data)

Canada 2006 Government of Canada 2010 450

Braun (1998, p. 141) estimated that population numbers were likely much 1916, pp. 179-221; Crawford 1982, pp. the minimum 1998 rangewide spring greater than the 157,000 estimated by 3-6; Drut 1994, pp. 2-5; WDFW 1995; population numbered about 157,000 Braun (1998, p. 141), but they were Braun 1998, p. 140; Schroeder et al. sage-grouse, derived from numbers of unable to generate a rangewide 1999, p. 1). Other noticeable declines in males counted on leks. The same year, population estimate. Garton et al., (in sage-grouse populations occurred in the State wildlife agencies within the range press, p. 2) estimated a rangewide 1920s and 1930s, and then again in the of the species estimated the population minimum of 88,816 males counted on 1960s and 1970s (Connelly and Braun was at least 515,000 based on lek counts leks in 2007, the last year data were 1997, pp. 3-4; Braun 1998, p. 141). and harvest data (Warren 2008, pers. formally collated and reported. Declines in the 1920s and 1930s were comm.). In 2000, we estimated the Estimates of historical populations attributed to hunting, and declines in rangewide abundance of sage-grouse range from 1,600,000 to 16,000,000 the 1960s and 1970s were primarily as was between a minimum of 100,000 birds (65 FR 51580). a result of loss of habitat quality and (taken from Braun 1998, p. 141) up to Population Trends quantity (Connelly and Braun 1997, p. 500,000 birds (based on harvest data 2). State wildlife agencies were from Idaho, Montana, Oregon, and Although population numbers are sufficiently concerned with the decline Wyoming, with the assumption that 10 difficult to estimate, the long-term data in the 1920s and 1930s that many closed percent of the population is typically collected from counting males on leks their hunting and others harvested) (65 FR 51578, August 24, provides insight to population trends. significantly reduced bag limits and 2000). In 2003, based on increased lek Periods of historical decline in sage- season lengths as a precautionary survey efforts, Connelly et al. (2004, p. grouse abundance occurred from the measure (Patterson 1952, pp. 30-33; 13-5) concluded that rangewide late 1800s to the early-1900s (Hornaday Autenrieth 1981, p. 10).

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13922 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

Using lek counts as an index for detected during 1965 to 2007 (average Although the MZs were not formally abundance, Connelly et al. (2004, p. 6- 3.1 percent annually; WAFWA 2008, p. adopted by WAFWA until 2006, the 71) reported rangewide declines from 12). WAFWA attributed the decline to population trend analyses conducted by 1965 through 2003. Declines averaged 2 the reduction in number of active leks Connelly et al. (2004) included trend percent per year from 1965 to 2003. The (WAFWA 2008, p. 51). Similar to analyses based on the same floristic decline was more dramatic from 1965 Connelly et al. (2004), the WAFWA provinces used to define the zones. through 1985, with an average annual analyses determined that the rate of While the average annual rate of change change of 3.5 percent. The rate of decline lessened during 1985 to 2007 was not presented, the results of those decline rangewide slowed to 0.37 (average annual change of 1.4 percent analyses indicated long-term declines in percent annually during 1986 to 2003 annually) (WAFWA 2008, p. 58). Garton greater sage-grouse for MZs I, II, III, IV and some populations increased et al. (in press, pp. 68-69) also had and VI. Population trends in MZs V and (Connelly et al. 2004, p. 6-71). Based on similar results. While the average these analyses, Connelly et al. 2004 (p. annual rate of decline has lessened VII were increasing, but the trends were 6-71) estimated that sage-grouse since 1985 (3.1 to 1.4 percent), not statistically significant (Connelly et population numbers in the late 1960s population declines continue and al. 2004, p. 6-71; Stiver et al. 2006, p. and early 1970s were likely two to three populations are now at much lower 1-7). WAFWA (2008) and Garton et al. times greater than current numbers levels than in the early 1980’s. (in press) population trend analyses did (Connelly et al. 2004, p. 6-71). Using a Therefore, these continuing negative consider MZs. The WAFWA (2008, pp. statistical population reconstruction trends at such low relative numbers are 13-27) and Garton et al. (in press, pp. approach, Garton et al. (in press, p. 67) concerning regarding long-term 22-62) reported that MZs I through VI also demonstrated a pattern of higher population persistence. Similarly, short- had negative population trends from numbers of sage-grouse in the late 1960s term increases or stable trends, while on 1965 to 2007. All population trend and early 1970s, which was supported the surface seem encouraging, do not analyses had similar results, with the by data from several other sources indicate that populations are recovering exception of MZ VII (Table 5). However, (Garton et al. in press, p. 68). but may instead be a function of losing this MZ has one of the highest In 2008, WAFWA conducted new leks and not increases in numbers proportions of inactive leks (Garton et population trend analyses that (WAFWA 2008, p.51). Population al. in press, p. 65), which may imply incorporated an additional 4 years of stability may also be compromised if that male numbers on the remaining data beyond the Connelly et al. 2004 cycles in sage-grouse populations leks are increasing as birds relocate. The analysis (WAFWA 2008, entire). (Schroeder et al. 1999, p. 15; Connelly analysis of this MZ also suffered from Although the WAFWA analyses used et al. 2004, p.6-71) are lost, which small sample sizes and therefore large different statistical techniques, lek current analyses suggest, minimizing confidence intervals (Garton et al. in counts also were used. WAFWA results the opportunities for population were similar to Connelly et al. (2004) in recovery if habitat were available press, p. 217), so the trend may not that a long-term population decline was (Garton 2009, pers. comm.). actually reflect the population status.

TABLE 5—LONG-TERM POPULATION TREND ESTIMATES FOR GREATER SAGE-GROUSE MANAGEMENT ZONES.

Population Trend Estimates States and Population Trend Estimates 1965- Population Trend Estimates Based Based on Annual Rates of MZ Provinces 2003* (Connelly et al. 2004) on Annual Rates of Change (%) Change (%) 1965–2007 (Garton Included 1965-2007(WAFWA 2008) et al. in press)

I MT, WY, ND, SD, Long-term decline -2.9 -2.9 SK, AL

II ID, WY, UT, CO Long-term decline -2.7 -3.5

III UT, NV, CA Long-term decline -2.2 -10**

IV ID, UT, NV, OR Long-term decline -3.8 -4**

V OR, CA, NV Change statistically undetectable -3.3 -2**

VI WA Long-term decline -5.1 -6.5

VII CO, UT Change statistically undetectable No detectable trend +34** *Average annual rate of change was not reported. **Due to sample inadequacies for the statistical analyses used, only data from 1995 to 2007 could be used.

Differences in the MZ trends observed because some earlier data were not for MZ V. However, Garton et al. (in between the three analyses are minimal, suitable for the statistical procedures press) results are similar to WAFWA for with the exception of MZs III, V, and used. This increased rate of decline was the same area. VII. While the results of Connelly et al. not observed for MZ IV where Garton et The difference in the annual rate of (2004) and WAFWA (2008) were similar al.’s (in press) analyses also spanned change between Connelly et al. (2004) for MZ III, Garton et al. (in press) only 12 years, suggesting that declines and WAFWA (2008) as compared to showed a larger rate of decline. This in MZ III may have recently accelerated. Garton et al. (in press) for MZ VII is difference may be due to the shortened No explanation was offered by WAFWA substantial (Table 5). Garton et al. (in time period (12 versus 42 years) Garton (2008) about the difference between press) did not offer an explanation of et al. (in press) used for the analyses their analyses and Connelly et al. (2004) this difference, but Connelly et al.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13923

(2004; as cited by (Stiver et al. 2006, p. period. The increase in annual rate of 2007, the percent change of active leks 1-7)) indicated population trends were change may simply reflect increases on from 1965 to 2007, and minimum male increasing in this MZ, although those remaining leks as habitat became more population estimates in 2007 (Table 6). increases were not statistically limited. The percent change in number of males significant. However, Garton et al. (in In addition to calculating annual rates per lek and the percent change in active press, pp. 62-63) reported that the of change by MZ, Garton et al (in press) leks reflect population declines, and number of leks in MZ VII declined by also reported the percent change in possibly habitat loss in all MZs. 39 percent during the same analysis number of males per lek from 1965 to

TABLE 6—MINIMUM MALE GREATER SAGE-GROUSE POPULATION ESTIMATES IN 2007, PERCENT CHANGE IN NUMBER OF MALES PER LEK AND PERCENT CHANGE IN NUMBER OF ACTIVE LEKS BETWEEN 1965 AND 2007 BY MANAGEMENT ZONE (FROM GARTON et al. IN PRESS, PP. 22-64).

Min Population Est in 2007 Percent Change in Percent Change of Active Leks MZ (# of males) # of Males per Lek (1965–2007) (1965–2007)

I 14,814 -17 -22

II 42,429 -30 -7

III 6,851 -24 -16 ***

IV 15,761 -54 -11***

V 6,925 -17** -21**

VI 315 -76 -57

VII 241 -13 -39* *1995 to 2007 — due to sample sizes, only data from this time period were used. **1985 to 2007 — due to sample sizes, only data from this time period were used. ***1975 to 2007 — due to sample sizes, only data from this time period were used.

In summary, since neither and Hanser in press, p. 4, and references Wyoming Basin (MZ II) had the highest presettlement nor current numbers of therein) and, therefore, the probability levels of connectivity, followed by MZ sage-grouse are accurately known, the of loss of genetic diversity and IV (Snake River Plain) and MZ I (Great actual rate and magnitude of decline extirpation from stochastic events. Plains) (Knick and Hanser in press, p. since presettlement times is uncertain. Analyses of connectivity of greater 18). The MZ VI (Columbia Basin) and However, three groups of researchers sage-grouse across the sagebrush VII (Colorado Plateau) had the least using different statistical methods (but landscape were conducted by Knick and internal connectivity, suggesting there the same lek count data) concluded that Hanser (in press, entire). Knick and was limited dispersal between leks and rangewide greater sage-grouse have Hanser (in press, p. 29) found that the an existing relatively high degree of experienced long-term population average movement between population isolation (Knick and Hanser in press, p. declines in the past 43 years, with that centers (leks) of sage-grouse rangewide 18). Areas along the edges of the sage- decline lessening in the past 22 years. was 16.6 km (10.3 mi), with a standard grouse range (e.g., Columbia Basin, Bi- Many of these declines are the result of deviation of 7.3 km (4.5 mi). Leks State area) are currently isolated from loss of leks (WAFWA 2008, p. 51), within 18 km (11.2 mi) of each other other sage-grouse populations (Knick indicating either a direct loss of habitat had common features when compared and Hanser in press, p. 28). or habitat function (Connelly and Braun to leks further than this distance (Knick Connectivity between sage-grouse 1997, p. 2). A recent increase in the and Hanser in press, p. 17). Therefore, MZs and the populations within them annual rate of change for MZ VII may they used a distance of 18 km (11.2 mi) declined across all three analysis simply be an anomaly of small between leks to assess connectivity periods examined: 1965–1974, 1980– population numbers, as other indicators (movement between populations), but 1989, and 1998–2007. The decline in suggest this area is suffering habitat cautioned that this distance may not connectivity was due to the loss of leks losses. A delayed response of sage- accurately reflect genetic flow, or lack and reduced population size (Knick and grouse to changes in carrying capacity thereof, between populations (Knick Hanser in press, p. 29). Historic leks was identified by Garton et al. (in press, and Hanser in press, p. 28). Genetic with low connectivity also were lost p.71). evidence suggests that exchange of (Knick and Hanser in press, p. 20), individual birds has not been restricted, suggesting that current isolation of leks Connectivity although there is a gradation of allelic by distance (including habitat Greater sage-grouse are a landscape- frequencies across the species’ range fragmentation) will likely result in their scale species, requiring large expanses (Oyler-McCance and Quinn, in press, p. loss (Knick and Hanser in press, of sagebrush to meet all seasonal habitat 14). This result suggests that widespread p. 28). Small decreases in lek requirements. The loss of habitat from movements (e.g., across several States) connectivity resulted in large increases fragmentation and conversion decreases are not occurring. in probability of lek abandonment the connectivity between seasonal Population linkages primarily (Knick and Hanser, in press, p. 29). habitats potentially resulting in the loss occurred within MZs, and connectivity Therefore, maintaining habitat of the population (Doherty et al. 2008, between MZs was limited, with the connectivity and sage-grouse population p. 194). Loss of connectivity also can exception of MZs I (Great Plains) and II numbers are essential for sage-grouse increase population isolation (Knick (Wyoming Basin). Within MZs, the persistence.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13924 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

Sagebrush distribution was the most range and in turn more accurately assess extreme for many crops (West 1996 important factor in maintaining the status of the species. cited in Knick et al. in press, p. 13). connectivity (Knick and Hanser in Habitat conversion results in loss of Factor A. The Present or Threatened press, p. 32). This result suggests that habitat available for sage-grouse use. Destruction, Modification, or The actual effect of this loss depends on any activities that remove or fragment Curtailment of Habitat or Range sagebrush habitats will contribute to the amount of sagebrush lost, the type loss of connectivity and population Several factors are contributing to the of seasonal habitat affected, and the isolation. This conclusion is consistent destruction, modification, or arrangement of habitat lost (large blocks with research from both Aldridge et al. curtailment of the greater sage-grouse’s or small patches) (Knick et al. in press, (2008, p. 988) and Wisdom et al. (in habitat or range. Several recent studies p. 15). Direct impacts to sage-grouse press, p. 13), which independently have demonstrated that sagebrush area depend on the timing of conversion identified the proximity of sagebrush is one of the best landscape predictors (e.g., loss of nests, eggs). Indirect effects patches and area in sagebrush cover as of greater sage-grouse persistence of agricultural activities adjoining the best predictors for sage-grouse (Aldridge et al. 2008, p. 987; Doherty et sagebrush habitats include increased presence. al. 2008, p. 191; Wisdom et al., in press, predation with a resulting reduced sage- p. 17). Sagebrush habitats are becoming grouse nest success (Connelly et al. Summary of Information Pertaining to increasingly degraded and fragmented 2004, p. 7-23), increased human the Five Factors due to the impacts of multiple threats, presence, and habitat fragmentation. Section 4 of the Act (16 U.S.C. 1533) including direct conversion, To estimate the area possibly and implementing regulations (50 CFR urbanization, infrastructure such as influenced by these indirect effects, part 424) set forth procedures for adding roads and powerlines built in support of Knick et al. (in press, p. 13) applied a species to the Federal Lists of several activities, wildfire and the ‘‘high effective buffer’’ out to 6.9 km (4.3 Endangered and Threatened Wildlife change in wildfire frequency, incursion mi) from agricultural lands, based on of invasive plants, grazing, and and Plants. In making this finding, we foraging distances of synathropic nonrenewable and renewable energy summarize below information regarding (ecologically associated with humans) development. Many of these threat the status and threats to the greater sage- predators (e.g. red foxes (Vulpes vulpes) factors are exacerbated by the effects of and ravens (Corvus corax)). Given the grouse in relation to the five factors climate change, which may influence distribution of agricultural activities provided in section 4(a)(1) of the Act. long-term habitat trends. across the sagebrush range, nearly three Under section (4) of the Act, we may quarters of all sagebrush within range of determine a species to be endangered or Habitat Conversion for Agriculture sage-grouse has been influenced by threatened on the basis of any of the Sagebrush is estimated to have agricultural activities (falls within the following five factors: (A) Present or covered roughly 120 million ha (296 high effective buffer) (Knick et al. in threatened destruction, modification, or million ac; Schroeder et al. 2004, p. 365) press, p. 13). This influence includes curtailment of habitat or range; (B) in western North America, but large foraging distances for synathropic overutilization for commercial, portions of that area have been predators (Leu et al. 2008, p. 1120; recreational, scientific, or educational cultivated for the production of Knick et al. in press, p. 13), and purposes; (C) disease or predation; (D) agricultural crops (e.g., potatoes, wheat; associated features such as irrigation inadequacy of existing regulatory Schroeder et al. 1999, p. 16; 2000, p. ditches. Extensive conversion of mechanisms; or (E) other natural or 11). Western rangelands were converted sagebrush to agriculture within a manmade factors affecting its continued to agricultural lands on a large scale landscape has decreased abundance of existence. Our evaluation of threats is beginning with the series of Homestead sage-grouse in many portions of their based on information provided in the Acts in the 1800s (Braun 1998, p. 142, range (Knick and Hanser in press, p. 30, petition, available in our files, and other Hays et al. 1998, p. 26; Knick in press, and references therein). sources considered to be the best p. 4; Knick et al. in press, p. 11), Soil associations have resulted in scientific and commercial information especially where suitable deep soil disproportionate levels of habitat available, including published and terrain and water were available (Rogers conversion across different sagebrush unpublished studies and reports. 1964, p.13, Schroeder and Vander communities. For example, Artemisia Differences in ecological conditions Haegen, 2009, in press, p. 3). Connelly tridentata ssp. vaseyana is found at within each MZ affect the susceptibility et al. (2004, p. 5-55) estimated that 24.9 lower elevations, in soils that retain of these areas to the various threats million ha (61.5 million ac) within the moisture 2 to 4 weeks longer than in facing sagebrush ecosystems and its sage-grouse conservation area (SGCA) well-drained, but dry and higher potential for restoration. For example, used for their assessment area (historic elevation soils typical of A. t. ssp. Centaurea diffusa (diffuse knapweed), range of Gunnison and greater sage- wyomingensis locations. Therefore, an exotic annual weed, is most grouse plus a 50-km (31-mi) buffer) for sagebrush communities dominated by competitive within shrub-grassland sage-grouse is now comprised of basin big sagebrush (A. t. ssp. tridentata) communities where antelope bitterbrush agricultural lands, although some areas have been converted to agriculture more is dominant (MZ VI), and Bromus within the species’ range are not extensively than have communities on tectorum (cheatgrass) is more dominant sagebrush habitat, and the SGCA is poorer soil sites (Winward 2004, p. 29) in areas with minimal summer larger than the sage-grouse current (also see discussion below). precipitation (MZs III and V) (Miller et distribution. An estimated 10 percent of Large losses of sagebrush shrub- al., in press, pp. 20-21). Therefore, we sagebrush steppe that existed prior to steppe habitats due to agricultural stratify our analyses by these MZs EuroAmerican settlement has been conversion have occurred in some areas because they represent zones within converted to agriculture (Knick et al. in within the range of the greater sage- which ecological variation is less than press, p. 13). The remaining 90 percent grouse. This loss has been especially what it would be across the range of the is largely unsuited for agriculture apparent in the Columbia Basin of the species. This approach allows us to because irrigation is not considered to Northwest (MZ VI), the Snake River better assess the impact and benefits of be feasible, topography and soils are Plain of Idaho (MZ IV) (Schroeder et al. actions occurring across the species’ limiting, or temperatures are too 2004, p. 370), and the Great Plains (MZ

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13925

I) (Knick et al. in press, p. 13). Hironaka 2.6 million ha (6.4 million ac) of habitat other small and isolated reclamation et al. (1983, p. 27) estimated that 99 were converted for agricultural projects (4,000 to 8,000 ha (10,000 to percent of basin big sagebrush habitat in purposes, essentially eliminating sage- 20,000 ac)) were responsible for three- the Snake River Plain has been grouse from this area (Willis et al. 1993, fold localized increases in sage-grouse converted to cropland. Between 1975 p. 35). More broadly, across the interior populations (Patterson 1952, pp. 266- and 1992 alone, 29,762 ha (73,543 ac) of Columbia Basin of southern Idaho, 274) by providing water in a semiarid sagebrush habitat were converted to northern Utah, northern Nevada, eastern environment, which provided cropland on the Upper Snake River Oregon (MZ IV), and Washington, additional insect and forb food Plain, a 74-percent increase in cropland approximately 6 million ha (14.8 resources (e.g., Eden Reclamation (Leonard et al. 2000, p. 268). The loss million ac) of shrub-steppe habitat has Project in Wyoming). Benefits of of this primarily winter sage-grouse been converted to agricultural crops providing water through agricultural habitat is significantly related to (Altman and Holmes 2000, p. 10). activities may now be negated due to subsequent sage-grouse declines Braun concluded that development of the threat of West Nile virus (WNv) (Leonard et al. 2000, p. 268). irrigation projects to support (Walker et al. 2004, p. 4). Prior to EuroAmerican settlement in agricultural production in areas where Five percent of the areas occupied by the 19th century, Washington had an soils were sufficient to support Great Basin sagebrush have been estimated 42 million ha (103.8 million agriculture, in some cases conjointly converted to agriculture, urban or ac) of shrub-steppe (Connelly et al. with hydroelectric dam construction, industrial areas (MZs III and IV) (Miller 2004, p. 7-22). Approximately 60 has resulted in additional sage-grouse et al. in press, p. 18). Five percent has percent of the original shrub-steppe habitat loss (Braun 1998, p. 142). The also been converted in the wheatgrass- habitat in Washington has been reservoirs formed by these projects needlegrass-shrubsteppe (MZ II, converted to primarily agricultural uses impacted native shrub-steppe habitat primarily in north-central Wyoming) (Dobler 1994, p. 2). Deep soils adjacent to the rivers in addition to (Miller et al., in press, p. 18). In supporting shrub-steppe communities supporting the irrigation and direct sagebrush-steppe habitats, 14 percent of in Washington within sage-grouse range conversion of shrub-steppe lands to sagebrush habitats had been converted continue to be converted to agricultural agriculture. The projects precipitated to agriculture, urban or industrial uses (Vander Haegen et al. 2000, p. conversion of large expanses of upland activities (MZs II, IV, V, and VI) (Miller 1156), resulting in habitat loss. shrub-steppe habitat in the Columbia et al., in press, pp. 17-18). Nineteen Agriculture is the dominant land cover Basin for irrigated agriculture (65 FR percent of the Great Plains area (MZ I) within sagebrush areas of Washington 51578). The creation of these reservoirs has been converted to agriculture (Knick (42 percent) and Idaho (19 percent) also inundated hundreds of kilometers et al. in press, p. 13). Conversions for (Miller et al., in press, p. 18). In north- of riparian habitats used by sage-grouse sagebrush habitat types by State are central Oregon (MZ V), approximately broods (Braun 1998, p. 144). However, detailed in Table 7.

TABLE 7—CURRENT SAGEBRUSH-STEPPE HABITAT AND AGRICULTURAL LANDS WITHIN GREAT BASIN SAGEBRUSH (AS DERIVED FROM LANDFIRE 2006 VEGETATION COVERAGE) (FROM MILLER et al. IN PRESS, PP. 17-18).

Percent State Percent Sagebrush Agriculture

Washington 23.7 42.4

Montana 56.2* 7.5*

Wyoming 66.0* 3.4*

Idaho 55.0 18.6

Oregon 64.5 8.6

Nevada 58.7 1.3

Utah 37.6 9.7

California 49.8 8.0

Colorado 40.6* 11.8*

TOTAL 55.4 10.0 *Analyses did not include sagebrush lands in the eastern portions of Colorado, Montana, and Wyoming.

Aldridge et al. (2008, pp. 990-991) habitats have been associated with sage- press, p. 13). While sage-grouse may reported that sage-grouse extirpations grouse population declines. Wisdom et forage on agricultural crops (see were more likely to occur in areas where al. (in press, p. 4) identified discussion below), they avoid cultivated crops exceeded 25 percent. environmental factors associated with landscapes dominated by agriculture Their results supported the conclusions the regional extirpation of sage-grouse. (Aldridge et al. 2008, p. 991). of others (e.g., Schroeder 1997, p. 934; Areas still occupied by sage-grouse have Conversions to croplands in southern Braun 1998, p. 142; Aldridge and three times less area in agriculture and Idaho have resulted in isolation of Brigham 2003, p. 30) that extensive a mean human density 26 times lower sagebrush-dominated landscapes into cultivation and fragmentation of native than extirpated areas (Wisdom et al., in less productive regions north and south

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13926 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

of the Snake River Plain (Knick et al. sagebrush habitats desiccated during the Urbanization 2003, p. 618). Therefore, formerly summer. However, use of irrigated crops Low densities of indigenous peoples continuous populations in this area are may not be beneficial to greater sage- have been present for more than 12,000 now disconnected (Knick and Hanser in grouse if it increases exposure to years in the historical range of sage- press, p. 52). pesticides (Knick et al. in press, p. 16) grouse. By 1900, less than 1 person per Sagebrush habitat continues to be and WNv (Walker et al. 2004, p. 4). km2 (1 person per 0.4 mi2) resided in 51 converted for both dryland and irrigated Some conversion of cropland to percent of the 325 counties within the crop production (Montana Farm sagebrush has occurred in former sage- SGCA, and densities greater than 10 Services Agency (FSA) in litt, 2009; grouse habitats through the USDA’s persons per km2 (10 persons per 0.4 Braun 1998, p. 142; 65 FR 51578, mi2) occurred in 4 percent of the August 24, 2000). The increasing value voluntary Conservation Reserve counties (Connelly et al. 2004, p. 7-24). of wheat and corn crops has driven new Program (CRP) which pays landowners By 2000, counties with less than 1 conversions in recent years. For a rental fee to plant permanent person per km2 (1 person per 0.4 mi2) example, the acres of sagebrush vegetation on portions of their lands, converted to tilled agriculture in taking them out of agricultural occurred in 31 percent of the 325 Montana increased annually from 2005 production. In Washington State counties and densities greater than 10 (Columbia Basin, MZ VI), sage-grouse persons per km2 (10 persons per 0.4 to 2009, with approximately 10,259 ha 2 (25,351 ac) converted, primarily in the have declined precipitously in the mi ) occurred in 22 percent of the eastern two-thirds of the State (MZ I) Columbia Basin largely due to counties (Connelly et al. 2004, p. 7-25). (Montana FSA in litt, 2009). In addition, conversion of sagebrush habitats to Today, the Columbia Basin (MZ VI) has in 2008, a single conversion in central cropland (Schroeder and Vander the highest density of humans while the Montana totaled between 3,345 and Haegen, in press, p. 4). Approximately Great Plains (MZ I) and Wyoming Basin 10,000 ha (10,000 and 30,000 ac) (MZ I) 599,314 ha (1,480,937 ac) of converted (MZ II) have the lowest (Knick et al. in (Hanebury 2008a, pers. comm.). Other farmland had been enrolled in the CRP, press, p. 19). Growth in the Great Plains large conversions occurred in the same almost all of which was historically (MZ I) continues to be slower than other part of Montana in 2008, although these shrub-steppe (Schroeder and Vander areas. For example, population densities were unquantified (Hanebury 2008b, Haegen in press, p. 5). Schroeder and have increased since 1990 by 7 percent pers. comm.). We were unable to gather Vander Haegen (in press, p. 20) found in the Great Plains (MZ I), by 19 percent any further information on crop that CRP lands that have been out of in the Wyoming Basin (MZ II), and by conversions of sagebrush habitats as production long enough to allow re- 31 percent in the Colorado Plateau (MZ there are no systematic efforts to collect establishment of sagebrush and was VII) (Knick et al. in press, p. 19). State or local data on conversion rates juxtaposed to a relatively intact shrub- The dominant urban areas in the sage- in the majority of the greater sage-grouse steppe landscape was most beneficial to grouse range are located in the Bear range (GAO 2007, p. 16). sage-grouse. There appears to be some River Valley of Utah, the portion of In addition to crop conversion for correlation with sage-grouse use of CRP Bonneville Basin southeast of the Great traditional crops, recent interest in the and a slight increase in population size Salt Lake, the Snake River Valley of development of crops for use as biofuels in north-central Washington (Schroeder southern Idaho, and the Columbia River could potentially impact sage-grouse. and Vander Haegen in press, p. 21). Valley of Washington (Rand McNally For example, the 2008 Farm Bill Schroeder and Vander Haegen (in press, Road Atlas 2003; Connelly et al. 2004, authorized the Biomass Crop Assistance p. 21) concluded that the loss of CRP p. 7-25). Overall, approximately 1 Program (BCAP), which provides due to expiration of the program or percent of the amount of potential financial incentives to agricultural incentives to produce biofuels would sagebrush (estimated historic range) is producers that establish and produce likely severely impact populations in now covered by lands classified as eligible crops for conversion to the Columbia Basin. urban (Miller et al., in press, p. 18). bioenergy products (U.S. Department of Knick et al (in press, p. 107) examined Although estimates of the numbers of Agriculture (USDA) 2009b, p. 1). the influence of urbanization on greater acres enrolled rangewide in CRP (and Further loss of sagebrush habitats due to sage-grouse MZs by adding a 6.9-km the number of acres soon to expire from BCAP will negatively impact sage- (4.3-mi) buffer (an estimate of the CRP) are available, the extent of grouse populations. However, currently foraging distances of mammalian and cropland conversion to habitats we have no way of predicting the corvid predators of sage-grouse) to the beneficial to sage-grouse (i.e., CRP lands magnitude of BCAP impacts to sage- total area of urban land use. Based the planted with native grasses, forbs, and grouse (see discussion under Factor D, estimates using this approach, the shrubs) is not known for any other area below). Columbia Basin (MZ VI) was influenced Although conversion of shrub-steppe barring the Columbia Basin. Thus, the most by urbanization with 48.4 habitat to agricultural crops impacts outside this area, we cannot judge the percent of the sagebrush area affected. sage-grouse through the loss of overall impact of CRP land to sage- The Northern Great Basin (MZ V) was sagebrush on a broad scale, some grouse persistence. influenced least with 12.5 percent studies report the use of agricultural Direct habitat loss and conversion affected. Wyoming Basin (MZ II), which crops (e.g., alfalfa) by sage-grouse. When also occurs via numerous other has the majority of sage-grouse in the alfalfa fields and other croplands are landscape uses, including urbanization, range, was at 18.4 percent affected. adjacent to extant sagebrush habitat, livestock forage production, road Since 1950, the western U.S. sage-grouse have been observed feeding building, and oil pads. These activities population growth rate has exceeded the in these fields, especially during brood- are described in greater detail below. national average (Leu and Hanser in rearing (Patterson 1952, p. 203; Rogers Although we were unable to obtain an press, p. 4). This growth has led to 1964, p. 53; Wallestad 1971, p. 134; estimate of the total amount of increases in urban, suburban, and rural Connelly et al. 1988, p.120; Fischer et sagebrush habitats that have been lost development. Rural development has al. 1997, p. 89). Connelly et al. (1988, due to these activities, they have increased especially rapidly in recent p. 120) reported seasonal movements of resulted in habitat fragmentation, as decades. For example, the amount of sage-grouse to agricultural crops as well as habitat loss. uninhabited area in the Great Basin

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13927

ecoregion has decreased from 90,000 the potential to negatively affect sage- changing) and resilience (the ability to km2 (34,749 mi2) in 1990 to less than grouse populations through recover once altered) generally increase 12,000 km2 (4,633 mi2) in 2004 (Knick fragmentation or other indirect habitat with increasing moisture and decreasing et al. in press, p. 20). Urbanization has loss, increased infrastructure, and temperatures, and also can be linked to directly eliminated some sage-grouse increased predation. soil characteristics (Connelly et al. 2004, habitat (Braun 1998, p. 145). Interrelated In modeling sage-grouse persistence, p. 13-6). However, most extant effects from urbanization include Aldridge et al. (2008, pp. 991-992) sagebrush habitat has been altered since construction of associated infrastructure found that the density of humans in European immigrant settlement of the (e.g., roads, powerlines, and pipelines) 1950 was the best predictor of sage- West (Baker et al. 1976, p. 168; Braun and predation threats from the grouse extirpation among the human 1998, p. 140; Knick et al. 2003, p. 612; introduction of domestic pets and population metrics considered Connelly et al. 2004, p. 13-6), and increases in predators subsidized by (including increasing human population sagebrush habitat continues to be human activities. In particular, growth). Sage-grouse extirpation was fragmented and lost (Knick et al. 2003, municipal solid waste landfills more likely in areas having a moderate p. 614) through the factors described (landfills) and roads have been shown to human population density of at least 4 below. The cumulative effects of habitat contribute to increases in common people per km2 (4 people per 0.4 mi2). fragmentation have not been quantified raven (Corvus corax) populations Increasing human populations were not over the range of sagebrush and most (Knight et al. 1993 p. 470; Restani et al. a good predictor of sage-grouse fragmentation cannot be attributed to 2001, p. 403; Webb et al. 2004, p. 523). persistence, most likely because much specific land uses (Knick et al. 2003, p. Ravens are known to be an important of the growth occurred in areas that are 616). However, in large-scale analysis of predator on sage-grouse nests and have already no longer suitable for sage- the collective effect of anthropogenic been considered a restraint on sage- grouse. Aldridge et al. (2008, p. 990) features (or the ‘‘human footprint’’) in grouse population growth in some also reported that, based on their the western United States, Leu et al. locations (Batterson and Morse 1948, p. models, sage-grouse require a minimum (2008, p. 1130) found that 13 percent of 14; Autenrieth 1981, p. 45; Coates 2007, of 25 percent sagebrush for persistence the area was affected in some way by p. 26). Landfills (and roads) are found in an area. A high probability of anthropogenic features (i.e., in every State within the greater sage- persistence required 65 percent fragmentation). Areas with the lowest grouse range and a number of these are sagebrush or more. This result is similar ‘‘human footprint’’ (i.e., no to slight located within or adjacent to sage- to the results by Wisdom et al. (in press, development or use) experienced above- grouse habitat. p. 18) who reported that human density average human population growth was 26 times greater in extirpated sage- between 1990 and 2000. There is Recent changes in demographic and grouse areas than in currently occupied economic trends have resulted in greater significant evidence these areas will range. Therefore, human population experience increasing habitat than 60 percent of the Rocky Mountain growth that results in exurban West’s counties experiencing rural fragmentation in the future (Leu et al. development in sagebrush habitats will 2008, p. 1133). Although the area sprawl where rural areas are outpacing reduce the likelihood of sage-grouse urban areas in growth (Theobald 2003, covered by these estimates includes all persistence in the area. Given the western states, we believe the general p. 3). In some Colorado counties, up to current demographic and economic 50 percent of sage-grouse habitat is points regarding effects of trends in the Rocky Mountain West, we anthropogenic features apply to sage- under rural subdivision development, believe that rates of urbanization will grouse habitat. and an estimated 3 to 5 percent of all continue increasing, resulting in further sage-grouse historical habitat in habitat fragmentation and degradation Fragmentation of sagebrush habitats Colorado has already been converted and decreasing the probability of long- has been cited as a primary cause of the into urban areas (Braun 1998, p. 145). term sage-grouse persistence. decline of sage-grouse populations We are unaware of similar estimates for because the species requires large other States within the range of the Infrastructure in Sagebrush Habitats expanses of contiguous sagebrush greater sage-grouse and, therefore, Habitat fragmentation is the (Patterson 1952, pp. 192-193; Connelly cannot determine the effects of this separation or splitting apart of and Braun 1997, p. 4; Braun 1998, p. factor on a rangewide basis. Rural previously contiguous, functional 140; Johnson and Braun 1999, p. 78; development has increasingly taken the habitat components of a species. Connelly et al. 2000a, p. 975; Miller and form of low-density (approximately 6 to Fragmentation can result from direct Eddleman 2000, p. 1; Schroeder and 25 homes per km2 (6 to 25 homes per habitat losses that leave the remaining Baydack 2001, p. 29; Johnsgard 2002, p. 0.4 mi2)) home development or exurban habitat in noncontiguous patches, or 108; Aldridge and Brigham 2003, p. 25; growth (Hansen et al. 2005, p. 1894). from alteration of habitat areas that Beck et al. 2003, p. 203; Pedersen et al. Between 1990 and 2000, 120,000 km2 render the altered patches unusable to a 2003, pp. 23-24; Connelly et al. 2004, p. (46,332 mi2) of land were developed at species (i.e., functional habitat loss). 4-15; Schroeder et al. 2004, p. 368; Leu exurban densities nationally (Theobald Functional habitat losses include et al. in press, p. 19). The negative 2001, p. 553). However, this value disturbances that change a habitat’s effects of habitat fragmentation have includes development nationwide, and successional state or remove one or been well documented in numerous we are unable to report values more habitat functions; physical barriers bird species, including some shrub- specifically for sagebrush habitats. that preclude use of otherwise suitable steppe obligates (Knick and Rotenberry However, within the Great Basin areas; and activities that prevent 1995, pp. 1068-1069). However, prior to (including California, Idaho, Nevada, animals from using suitable habitat 2005, detailed data to assess how and Utah), human populations have patches due to behavioral avoidance. fragmentation influences specific greater increased 69 percent and uninhabited Sagebrush communities exhibit a high sage-grouse life-history parameters such areas declined by 86 percent between degree of variation in their resistance as productivity, density, and home 1990 and 2004 (Leu and Hanser in and resilience to change, beyond natural range were not available. More recently, press, p. 19). Similar to higher density variation. Resistance (the ability to several studies have documented urbanization, exurban development has withstand disturbing forces without negative effects of fragmentation as a

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13928 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

result of oil and gas development and its Connelly et al. (2000a, p. 974) report Within the SGCA, Connelly et al. (2004, associated infrastructure (see discussion that sage-grouse collisions with p. 7-26) estimated that the area of Energy Development below) on lek powerlines occur, although no specific potentially influenced by additional persistence, lek attendance, winter instances were presented. There was perches for corvids and raptors habitat use, recruitment, yearling annual also an unpublished observation provided by powerlines, assuming a 5- survival rate, and female nest site choice reported by Aldridge and Brigham to 6.9-km (3.1- to 4.3-mi) radius buffer (Holloran 2005, p. 49; Aldridge and (2003, p. 31). In 2009, two sage-grouse around the perches based on the average Boyce 2007, pp. 517-523; Walker et al. died from electrocution after colliding foraging distance of these predators, was 2007a, pp. 2651-2652; Doherty et al. with a powerline in the Mono Basin of 672,644 to 837,390 km2 (259,641 to 2008, p. 194). Wisdom et al. (in press, California (Gardner 2009, pers. comm.). 323,317 mi2), or 32 to 40 percent of the p. 18) reported that a variety of human We were unable to find any other SGCA. The actual impact on the area developments, including roads, energy documentation of other collisions or would depend on corvid and raptor development, and other factors that electrocution of sage-grouse resulting densities within the area, the amount of contribute to habitat fragmentation have from powerlines. cover to reduce predation risk at sage- contributed to or been associated with In areas where the vegetation is low grouse nests, and other factors (see sage-grouse extirpation. Estimating the and the terrain relatively flat, power discussion in Factor C, below). impact of habitat fragmentation on sage- poles provide an attractive hunting and The presence of a powerline may grouse is complicated by time lags in roosting perch, as well as nesting fragment sage-grouse habitats even if response to habitat changes (Garton et stratum for many species of raptors and raptors are not present. Braun (1998, p. al., in press, p. 71), particularly since corvids (Steenhof et al. 1993, p. 27; 146) found that use of otherwise these long-lived birds will continue to Connelly et al. 2000a, p. 974; Manville suitable habitat by sage-grouse near return to altered breeding areas (leks, 2002, p. 7; Vander Haegen et al. 2002, powerlines increased as distance from nesting areas, and early brood-rearing p. 503). Power poles increase a raptor’s the powerline increased for up to 600 m areas) due to strong site fidelity despite range of vision, allow for greater speed (660 yd) and, based on that unpublished nesting or productivity failures (Wiens during attacks on prey, and serve as data, reported that the presence of and Rotenberry 1985, p. 666). territorial markers (Steenhof et al. 1993, powerlines may limit sage-grouse use p. 275; Manville 2002, p. 7). Raptors within 1 km (0.6 mi) in otherwise Powerlines may actively seek out power poles suitable habitat. Similar results were Power grids were first constructed in where natural perches are limited. For recorded for other grouse species. Pruett the United States in the late 1800s. The example, within 1 year of construction et al. (2009, p. 6) found that lesser and public demand for electricity has grown of a 596-km (372.5-mi) transmission line greater prairie-chickens (Tympanuchus as human population and industrial in southern Idaho and Oregon, raptors pallidicinctus and T. cupido, activities have expanded (Manville and common ravens began nesting on respectively) avoided otherwise suitable 2002, p. 5), resulting in more than the supporting poles (Steenhof et al. habitat near powerlines. Additionally, 804,500 km (500,000 mi) of 1993, p. 275). Within 10 years of both species also crossed powerlines transmission lines (lines carrying greater construction, 133 pairs of raptors and less often than nearby roads, which than 115,000 volts (115 kilovolts (kV)) ravens were nesting along this stretch suggests that powerlines are a by 2002 within the United States (Steenhof et al. 1993, p. 275). Raven particularly strong barrier to movement (Manville 2002, p. 4). A similar estimate counts have increased by approximately (Pruett et al. 2009, p. 6). is not available for distribution lines 200 percent along the Falcon-Gondor Sage-grouse also may avoid (lines carrying less than 69,000volts transmission line corridor in Nevada powerlines as a result of the (69kV)), and we are not aware of data for within 5 years of construction (Atamian electromagnetic fields (Wisdom et al. in Canada. Within the SGCA, Knick et al. et al. 2007, p. 2). The increased press, p. 19). Electromagnetic fields (in press, p. 21) showed that powerlines abundance of raptors and corvids within have been demonstrated to alter the cover a minimum of 1,089km2 (420.5 occupied sage-grouse habitats can result behavior, physiology, endocrine mi). in increased predation. Ellis (1985, p. systems, and immune function in birds, Due to the potential spread of 10) reported that golden eagle (Aquila with negative consequences on invasive species and predators as a chryrsaetos) predation on sage-grouse reproduction and development (Fernie result of powerline construction the on leks increased from 26 to 73 percent and Reynolds 2005, p. 135). Birds are impact from the powerline is greater of the total predation after completion of diverse in their sensitivities to than the actual footprint. Knick et al. (in a transmission line within 200 meters electromagnetic field exposures, with press, p. 111) estimated these impacts (m) (220 yards (yd)) of an active sage- domestic chickens being very sensitive. may influence up to 39 percent of all grouse lek in northeastern Utah. The lek Many raptor species are less affected sagebrush in the SGCA. Powerlines can was eventually abandoned, and Ellis (Fernie and Reynolds 2005, p. 135). directly affect greater sage-grouse by (1985, p. 10) concluded that the Linear corridors through sagebrush posing a collision and electrocution presence of the powerline resulted in habitats can facilitate the spread of hazard (Braun 1998, pp. 145-146; changes in sage-grouse dispersal invasive species, such as Bromus Connelly et al. 2000a, p. 974), and can patterns and caused fragmentation of tectorum (Gelbard and Belnap 2003, pp. have indirect effects by decreasing lek the habitat. 424-426; Knick et al. 2003, p. 620; recruitment (Braun et al. 2002, p. 10), Leks within 0.4 km (0.25 mi) of new Connelly et al. 2004, p. 1-2). However, increasing predation (Connelly et al. powerlines constructed for coalbed we were unable to find any information 2004, p. 13-12), fragmenting habitat methane development in the Powder regarding the amount of invasive (Braun 1998, p. 146), and facilitating the River Basin of Wyoming had species incursion as a result of invasion of exotic annual plants (Knick significantly lower growth rates, as powerline construction. et al. 2003, p. 612; Connelly et al. 2004, measured by recruitment of new males Powerlines are common to nearly p. 7-25). In 1939, three adult sage-grouse onto the lek, compared to leks further every type of anthropogenic habitat use, died as a result of colliding with a from these lines, which were presumed except perhaps some forms of telegraph line in Utah (Borell 1939, p. to be the result of increased raptor agricultural development (e.g., livestock 85). Both Braun (1998, p. 145) and predation (Braun et al. 2002, p. 10). grazing) and fire. Although we were

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13929

unable to find an estimate of all future bird and amphibian species (Wisdom et source of mortality for sage-grouse, and proposed powerlines within currently al. in press, p. 19, and references we expect this source of mortality to occupied sage-grouse habitats, we therein). We do not know if greater sage- continue into the foreseeable future anticipate that powerlines will continue grouse are negatively impacted by (Braun 1998, p. 145; Connelly et al. to increase into the foreseeable future, electromagnetic radiation, or if their 2000a, p. 974; Oyler-McCance et al. particularly given the increasing avoidance of these structures is a 2001, p. 330; Connelly et al. 2004, p. 7- development of energy resources and response to increased predation risk. 3). urban areas. For example, up to 8,579 Fence posts create perching places for Fences km (5,311 mi) of new powerlines are raptors and corvids, which may increase predicted for the development of the Fences are used to delineate property their ability to prey on sage-grouse Powder River Basin coal-bed methane boundaries and for livestock (Braun 1998, p. 145; Oyler-McCance et field in northeastern Wyoming (BLM management (Braun 1998, p. 145; al. 2001, p. 330; Connelly et al. 2004, p. 2003) in addition to the approximately Connelly et al. 2000a, p. 974). The 13-12). We anticipate that the effect on 9,656 km (6,000 mi) already constructed effects of fencing on sage-grouse include sage-grouse populations through the in that area. In November 2009, nine direct mortality through collisions, creation of new raptor perches and Federal agencies signed a Memorandum creation of predator (raptor) and corvid predator corridors into sagebrush of Understanding to expedite the perch sites, the potential creation of habitats is similar to that of powerlines building of new transmission lines on predator corridors along fences discussed previously (Braun 1998, p. Federal lands. If these lines cross sage- (particularly if a road is maintained next 145; Connelly et al. 2004, p. 7-3). Fences grouse habitats, sage-grouse will likely to the fence), incursion of exotic species and their associated roads also facilitate be negatively affected. along the fencing corridor, and habitat the spread of invasive plant species that fragmentation (Call and Maser 1985, p. replace sagebrush plants upon which Communication Towers 22; Braun 1998, p. 145; Connelly et al. sage-grouse depend (Braun 1998, p. 145; Within sage-grouse habitats, 9,510 2000a, p. 974; Beck et al. 2003, p. 211; Connelly et al. 2000a, p. 973; Gelbard new communication towers have been Knick et al. 2003, p. 612; Connelly et al. and Belnap 2003, p. 421; Connelly et al. constructed within recent years 2004, p. 1-2). 2004, p. 7-3). Greater sage-grouse (Connelly et al. 2004, p. 13-7). While More than 1,000 km (625 mi) of fences avoidance of habitat adjacent to fences, millions of birds are killed annually in were constructed annually in sagebrush presumably to minimize the risk of the United States through collisions habitats from 1996 through 2002, mostly predation, effectively results in habitat with communication towers and their in Montana, Nevada, Oregon, and fragmentation even if the actual habitat associated structures (e.g., guy wires, Wyoming (Connelly et al. 2004, p. 7-34). is not removed (Braun 1998, p. 145). lights) (Shire et al. 2000, p. 5; Manville Over 51,000 km (31,690 mi) of fences 2002, p. 10), most documented were constructed on BLM lands Roads mortalities are of migratory songbirds. supporting sage-grouse populations Interstate highways and major paved We were unable to determine if any between 1962 and 1997 (Connelly et al. roads cover approximately 2,500 km2 sage-grouse mortalities occur as a result 2000a, p. 974). Sage-grouse frequently (965 mi2) or 0.1 percent of the SGCA of collision with communication towers fly low and fast across sagebrush flats, (Knick et al. in press, p. 21). Based on or their supporting structures, as most and fences can create a collision hazard applying a 7-km (4.3-mi) buffer to towers are not monitored and those that (Call and Maser 1985, p. 22). Thirty-six estimate the potential impact of are lie outside the range of the species carcasses of sage-grouse were found secondary effects from roads, interstates (Kerlinger 2000, p. 2; Shire et al. 2000 near Randolph, Utah, along a 3.2-km (2- and highways are estimated to influence p. 19). Cellular towers have the mi) fence within 3 months of its 851,044 km2 (328,590 mi2) or 41 percent potential to cause sage-grouse mortality construction (Call and Maser 1985, p. of the SGCA. Additionally, secondary via collisions, to influence movements 22). Twenty-one incidents of mortality paved roads are heavily distributed through avoidance of a tall structure through fence collisions near Pinedale, throughout most of the SGCA, existing (Wisdom et al. in press, p. 20), or to Wyoming, were reported in 2003 to the at densities of up to greater than 5 km/ provide perches for corvids and raptors BLM (Connelly et al. 2004, p. 13-12). A km2 (3.1 mi/mi2). Taken together, 95 (Steenhof et al. 1993, p. 275; Connelly recent study in Wyoming confirmed 146 percent of all sage-grouse habitats were et al. 2004, p. 13-7). sage-grouse fence strike mortalities over within 2.5 km (1.5 mi) of a mapped In a comparison of sage-grouse a 31–month period along a 7.6-km (4.6- road, and almost no area of sagebrush locations in extirpated areas of their mi) stretch of 3-wire BLM range fence was greater the 6.9 km (4.3 mi) from a range (as determined by museum (Christiansen 2009). mapped road (Knick et al. in press, p. species and historical observations) and Not all fences present the same 21). currently occupied habitats, the mortality risk to sage-grouse. Mortality Impacts from roads may include distance to cellular towers was nearly risk appears to be dependent on a direct habitat loss, direct mortality, twice as far from grouse locations in combination of factors including design barriers to migration corridors or currently occupied habitats than of fencing, landscape topography, and seasonal habitats, facilitation of extirpated areas (Wisdom et al. in press, spatial relationship with seasonal predators and spread of invasive p. 13). The results may have been habitats (Christiansen 2009, vegetative species, and other indirect influenced by location as many cellular unpublished data). Although the effects influences such as noise (Forman and towers are close to intensive human of direct strike mortality on populations Alexander 1998, pp. 207-231). Sage- development. However, such are not understood, fences are grouse mortality resulting from associations with other indicators of ubiquitous across the landscape. In collisions with vehicles does occur development and cellular towers were many parts of the sage-grouse range (Patterson 1952, p. 81), but mortalities low (Wisdom et al. in press, p. 20). High (primarily Montana, Nevada, Oregon, are typically not monitored or recorded. levels of electromagnetic radiation Wyoming) fences exceed densities of Therefore, we are unable to determine within 500 m (547 yd) of all towers have more than 2 km/km2 (1.2 mi/0.4 mi2; the importance of this factor on sage- been linked to decreased populations Knick et al. in press, p. 32). Fence grouse populations. Data regarding how and reproductive performance of some collisions continue to be identified as a roads affect seasonal habitat availability

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13930 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

for individual sage-grouse populations introduced road fill, vehicle transport, associated with oil and gas development by creating barriers and the ability of and road maintenance activities traveled twice as far to nest as did hens greater sage-grouse to reach these areas (Forman and Alexander 1998, p. 210; bred on leks greater than 3 km (1.9 mi) were not available. Road development Forman 2000, p. 32; Gelbard and Belnap from roads. Nest initiation rates for hens within Gunnison sage-grouse (C. 2003, p. 426; Knick et al. 2003, p. 619; bred on leks close to roads also were minimus) habitats impeded movement Connelly et al. 2004, p. 7-25). Invasive lower (65 versus 89 percent) affecting of local populations between the species are not limited to roadsides, but population recruitment (33 versus 44 resultant patches, with grouse road also encroach into surrounding habitats percent) (Lyon 2000, p. 33; Lyon and avoidance presumably being a (Forman and Alexander 1998, p. 210; Anderson 2003, pp. 489-490). Lyon and behavioral means to limit exposure to Forman 2000, p. 33; Gelbard and Belnap Anderson (2003, p. 490) suggested that predation (Oyler-McCance et al. 2001, p. 2003, p. 427). In their study of roads on roads may be the primary impact of oil 330). the Colorado Plateau of southern Utah, and gas development to sage-grouse, Roads can provide corridors for Gelbard and Belnap (2003, p. 426) found due to their persistence and continued predators to move into previously that improving unpaved four-wheel use even after drilling and production unoccupied areas. For some mammalian drive roads to paved roads resulted in have ceased. Braun et al. (2002, p. 5) species, dispersal along roads has increased cover of exotic plant species suggested that daily vehicular traffic greatly increased their distribution within the interior of adjacent plant along road networks for oil wells can (Forman and Alexander 1998, p. 212; communities. This effect was associated impact sage-grouse breeding activities Forman 2000, p. 33). Corvids also use with road construction and maintenance based on lek abandonment patterns. linear features such as primary and activities and vehicle traffic, and not In a study of 804 leks within 100 km secondary roads as travel routes, with differences in site characteristics. (62.5 mi) of Interstate 80 in southern expanding their movements into The incursion of exotic plants into Wyoming and northeastern Utah, previously unused regions (Knight and native sagebrush systems can negatively Connelly et al. (2004, p. 13-12) found Kawashima 1993, p. 268; Connelly et al. affect greater sage-grouse through that there were no leks within 2 km 2004, p. 12-3). In an analysis of habitat losses and conversions (see (1.25 mi) of the interstate and only 9 anthropogenic impacts, at least 58 further discussion in Invasive Plants, leks were found between 2 and 4 km percent of the SGCA had a high or below). (1.25 and 2.5 mi) along this same medium estimated presence of corvids Additional indirect effects of roads highway. The number of active leks (Connelly et al. 2004, p. 12-6). Corvids may result from birds’ behavioral increased with increasing distance from are important sage-grouse nest predators avoidance of road areas because of the interstate. Lek persistence and and in a study in Nevada were noise, visual disturbance, pollutants, activity relative to distance from the positively identified via video recorder and predators moving along a road. The interstate also were measured. The as responsible for more than 50 percent absence of vegetation in arid and distance of a lek from the interstate was of nest predations in the study area semiarid regions that may buffer these a significant predictor of lek activity, (Coates 2007, pp. 26-30). Bui (2009, p. impacts further exacerbates the problem with leks further from the interstate 31) documented ravens following roads (Suter 1978, p. 6). Male sage-grouse lek more likely to be active. An analysis of in oil and gas fields during foraging. attendance was shown to decline within long-term changes in populations Additionally, highway rest areas 3 km (1.9 mi) of a methane well or haul between 1970 and 2003 showed that provide a source of food and perches for road with traffic volume exceeding one leks closest (within 7.5 km (4.7 mi)) to corvids and raptors, and facilitate their vehicle per day (Holloran 2005, p. 40). the interstate declined at a greater rate movements into surrounding areas Male sage-grouse depend on acoustical than those further away (Connelly et al. (Connelly et al. 2004, p. 7-25). signals to attract females to leks (Gibson 2004, p. 13-13). Extirpated sage-grouse The presence of roads increases and Bradbury 1985, p. 82; Gratson 1993, range was 60 percent closer to highways human access and resulting disturbance p. 692). If noise interferes with mating (Wisdom et al. in press, p. 18). What is effects in remote areas (Forman and displays, and thereby female not clear from these studies is what Alexander 1998, p. 221; Forman 2000, attendance, younger males will not be specific factor relative to roads (e.g., p. 35; Connelly et al. 2004, pp. 7-6 to drawn to the lek and eventually leks noise, changes in vegetation, etc.) sage- 7-25). Increases in legal and illegal will become inactive (Amstrup and grouse are responding to. Connelly et al. hunting activities resulting from the use Phillips 1977, p. 26; Braun 1986, pp. (2004, p. 13-13) caution that they have of roads built into sagebrush habitats 229-230). not included other potential sources of have been documented (Hornaday 1916, Dust from roads and exposed indirect disturbance (e.g., powerlines) in p. 183; Patterson 1952, p. vi). However, roadsides can damage vegetation their analyses. the actual current effect of these through interference with Aldridge et al. (2008, p. 992) did not increased activities on sage-grouse photosynthetic activities. The actual find road density to be an important populations has not been determined. amount of potential damage depends on factor affecting sage-grouse persistence Roads also may facilitate access for winds, wind direction, the type of or rangewide patterns in sage-grouse rangeland habitat treatments, such as surrounding vegetation and topography extirpation. However, the authors did disking or mowing (Connelly et al. (Forman and Alexander 1998, p. 217). not consider the intensity of human use 2004, p. 7-25), resulting in subsequent Chemicals used for road maintenance, of roads in their modeling efforts. They direct habitat losses. New roads are particularly in areas with snowy or icy also indicated that their analyses may being constructed to support precipitation, can affect the composition have been influenced by inaccuracies in development activities within the of roadside vegetation (Forman and spatial road data sets, particularly for greater sage-grouse extant range. In the Alexander 1998, p. 219). We were secondary roads (Aldridge et al. 2008, p. Powder River Basin of Wyoming, up to unable to find any data relating these 992). However, Wisdom et al. (in press, 28,572 km (17,754 mi) of roads to potential effects directly to impacts on p. 18) found that extirpated range has a support coalbed methane development sage-grouse population parameters. 25 percent higher density of roads than are proposed (BLM 2003). In a study on the Pinedale Anticline occupied range. Wisdom et al.’s (in The expansion of road networks in Wyoming, sage-grouse hens that bred press) rangewide analysis supports the contributes to exotic plant invasions via on leks within 3 km (1.9 mi) of roads findings of numerous local studies

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13931

showing that roads can have both direct including those listed above has been In southeastern Idaho, sage-grouse and indirect impacts on sage-grouse cited as a primary cause of the decline populations were generally declining distribution and individual fitness (e.g., of sage-grouse populations (Patterson across the entire study area, but declines Lyon and Anderson 2003, Aldridge and 1952, pp. 192-193; Connelly and Braun were more severe in post-fire years Boyce 2007). 1997, p. 4; Braun 1998, p. 140; Johnson (Connelly et al. 2000c, p. 93). Further, and Braun 1999, p. 78; Connelly et al. Fischer et al. (1997, p. 89) concluded Railroads 2000a, p. 975; Miller and Eddleman that habitat fragmentation caused by fire Railroads presumably have the same 2000, p. 1; Schroeder and Baydack 2001, may influence distribution or migratory potential impacts to sage-grouse as do p. 29; Johnsgard 2002, p. 108; Aldridge patterns in sage-grouse. Hulet (1983, in roads because they create linear and Brigham 2003, p. 25; Beck et al. Connelly et al. 2000a, p. 973) corridors within sagebrush habitats. 2003, p. 203; Pedersen et al. 2003, pp. documented the loss of leks from fire. Railways and the cattle they transport 23-24; Connelly et al. 2004, p. 4-15; Fire within 54 km (33.6 mi) of a lek were primarily responsible for the Schroeder et al. 2004, p. 368; Leu et al. is one of two primary factors in initial spread of Bromus tectorum in the in press, p. 19). The negative effects of predicting lek extirpation (Knick and intermountain region (Connelly et al. habitat fragmentation on sage-grouse are Hanser in press, p. 26). Small increases 2004, p. 7-25). B. tectorum, an exotic diverse and include reduced lek in the amount of burned habitat species that is unsuitable as sage-grouse persistence, lek attendance, winter surrounding a lek had a large influence habitat, readily invaded the disturbed habitat use, recruitment, yearling annual on the probability of lek abandonment soils adjacent to railroads. Fires created survival, and female nest site choice (Knick and Hanser, in press, pp. 29-30). by trains facilitated the spread of B. (Holloran 2005, p. 49; Aldridge and Additionally, fire had a negative effect tectorum into adjacent areas. Knick et Boyce 2007, pp. 517-523; Walker et al. on lek trends in the Snake River Plain al. (in press, p. 109) found that railroads 2007a, pp. 2651-2652; Doherty et al. (MZ IV) and Southern Great Basin (MZ cover 487 km2 (188 mi2) or less than 0.1 2008, p. 194). Since fragmentation is III) (Johnson et al. in press, p.12). percent of the SGCA, but they estimated associated with most anthropogenic Several recent studies have railroads could influence 10 percent of activities, the effects are ubiquitous demonstrated that sagebrush area is one the SGCA based adding a 3-km (1.9-mi) across the species range (Knick et al. in of the best landscape predictors of buffer to estimate potential impacts press, p. 24). We agree with the greater sage-grouse persistence from the exotic plants they can spread. assessment that habitat fragmentation is (Aldridge et al. 2008, p. 987; Doherty et Avian collisions with trains occur, a primary cause of sage-grouse decline al. 2008, p. 191; Wisdom et al., in press, although no estimates of mortality rates and in some areas has already led to p. 17). While there may be limited are documented in the literature population extirpation. We also instances where burned habitat is (Erickson et al. 2001, p. 8). conclude that habitat fragmentation will beneficial, these gains are lost if Summary: Habitat Conversion for continue into the foreseeable future and sagebrush habitat is not readily Agriculture; Urbanization; Infrastructure will continue to threaten the persistence available (Woodward 2006, p. 65). of greater sage-grouse. Herbaceous understory vegetation Large losses of sagebrush shrub- plays a critical role throughout the steppe habitats due to agricultural Fire breeding season as a source of forage conversion have occurred range wide, Many of the native vegetative species and cover for sage-grouse females and but have been especially significant in of the sagebrush-steppe ecosystem are chicks. The response of herbaceous the Columbia Basin of Washington (MZ killed by wildfires, and recovery understory vegetation to fire varies with VI), the Snake River Plain of Idaho (MZ requires many years. As a result of this differences in species composition, pre- IV), and the Great Plains (MZ I). loss of habitat, fire has been identified burn site condition, fire intensity, and Conversion of sage brush habitats to as a primary factor associated with pre- and post-fire patterns of cropland continues to occur, although greater sage-grouse population declines precipitation. In general, when not quantitative data is available only for (Hulet 1983, in Connelly et al. 2000a, p. considering the synergistic effects of Montana. We do not know the current 973; Crowley and Connelly 1996, in invasive species, any short-term flush of rate of conversion, but most areas Connelly et al. 2000c, p. 94; Connelly understory grasses and forbs is lost after suitable for agricultural production were and Braun 1997, p. 232; Connelly et al. only a few years and little difference is converted many years ago. The current 2000a, p. 973; Connelly et al. 2000c, p. apparent between burned and unburned rate of conversion is likely to increase 93; Miller and Eddlemen 2000, p. 24; sites (Cook et al. 1994, p. 298; Fischer in the future if incentives for crop Johnson et al., in press, p. 12; Knick and et al. 1996, p. 196; Crawford 1999, p. 7; production for use as biofuels continue Hanser, in press, pp. 29-30). In nesting Wrobleski 1999, p. 31; Nelle et al. 2000, to be offered. Urban and exurban and wintering sites, fire causes direct p. 588; Paysen et al. 2000, p. 154; development also have direct and loss of habitat due to reduced cover and Wambolt et al. 2001, p. 250). indirect negative effects on sage-grouse, forage (Call and Maser 1985, p. 17). For Independent of the response of including direct and indirect habitat example, prescribed fires in mountain perennial grasses and forbs to fire, the losses, disturbance, and introduction of big sagebrush at Hart Mountain National most important and widespread new predators and invasive plant Antelope Refuge caused a short-term sagebrush species for greater sage-grouse species. Given current trends in the increase in certain forbs, but reduced (i.e., big sagebrush) are killed by fire and Rocky Mountain west, we expect urban sagebrush cover, making habitat less require decades to recover. Prior to and exurban development to continue. suitable for nesting (Rowland and recovery, these sites are of limited to no Infrastructure such as powerlines, roads, Wisdom 2002, p. 28). Similarly, Nelle et use to sage-grouse (Fischer et al. 1996, communication towers, and fences al. (2000, p. 586) and Beck et al. (2009, p. 196; Connelly et al. 2000c, p. 90; continue to fragment sage-grouse p. 400) reported nesting habitat loss Nelle et al. 2000, p. 588; Beck et al. habitat. Past and current trends lead us from fire, creating a long-term negative 2009, p. 400). Therefore, fire results in to believe this source of fragmentation impact that will require 25 to 150 years direct, long-term habitat loss. will increase into the future. of sagebrush regrowth before sufficient In addition to altering plant Fragmentation of sagebrush habitats canopy cover becomes available for community structure, fires can through a variety of mechanisms nesting birds. influence invertebrate food sources

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13932 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

(Schroeder et al. 1999, p. 5). Ants in Artemisia tridentata var. locations associated with grasslands (Hymenoptera), grasshoppers wyomingensis, is not well understood (Baker 2006, p. 181; Mensing et al. 2006, (Orthoptera), and beetles (Coleoptera) and a high degree of variability likely p. 75; Baker, in press, pp. 15-16; Miller are an essential component of juvenile occurred (Miller and Eddleman 2000, p. et al., in press, p. 35). greater sage-grouse diets, especially in 16; Zouhar et al. 2008, p. 154; Baker in The invasion of exotic annual grasses, the first 3 weeks of life (Johnson and press, p. 16). However, as inferred by such as Bromus tectorum and Boyce 1991, p. 90). Crawford and Davis several lines of reasoning, fire in Taeniatherum asperum (medusahead), (2002, p. 56) reported that the sagebrush systems was historically has been shown to increase fire abundance of arthropods did not infrequent (Baker in press, pp. 15-16). frequency within the sagebrush decline following wildfire. Pyle (1992, This conclusion is evidenced by the fact ecosystem (Zouhar et al. 2008, p. 41; p. 14) reported no apparent effect of that most sagebrush species have not Miller et al. in press, p. 39). B. tectorum prescribed burning to beetles. However, developed evolutionary adaptations readily invades sagebrush communities, Fischer et al. (1996, p. 197) found that such as re-sprouting and heat- especially disturbed sites, and changes the abundance of insects was stimulated seed germination found in historical fire patterns by providing an significantly lower 2–3 years post-burn. other shrub-dominated systems, like abundant and easily ignitable fuel Additionally, grasshopper abundance chaparral, exposed to relatively frequent source that facilitates fire spread. While declined 60 percent in burned plots fire events. Baker (in press, p. 17) sagebrush is killed by fire and is slow versus unburned plots 1 year post-burn, suggests natural fire regimes and to reestablish, B. tectorum recovers but this difference disappeared the landscapes were typically shaped by a within 1 to 2 years of a fire second year (Bock and Bock 1991, p. few infrequent large fire events that (Young and Evans 1978, p. 285). This 165). Conversely, Nelle et al. (2000, p. occurred at intervals approaching the annual recovery leads to a readily 589) reported the abundance of beetles historical fire rotation (50 to 350 years burnable fuel source and ultimately a and ants was significantly greater in 1– – see discussion below). The researcher reoccurring fire cycle that prevents year-old burns, but returned to pre-burn concludes that the historical sagebrush sagebrush reestablishment (Eiswerth et levels by years 3 to 5. The effect of fire systems likely consisted of extensive al. 2009, p. 1324). In the Snake River on insect populations likely varies due sagebrush habitat dotted by small areas Plain (MZ IV), for example, Whisenant to a host of environmental factors. of grassland and that this condition was (1990, p. 4) suggests fire rotation due to Because few studies have been maintained by long interludes of B. tectorum establishment is now as low conducted and the results of those numerous small fires, accounting for as 3–5 years. It is difficult and usually available vary, the specific magnitude little burned area, punctuated by large ineffective to restore an area to and of the effects of fire on fire events that consumed large sagebrush after annual grasses become insect communities is still uncertain, as expanses. In general, fire extensively established (Paysen et al. 2000, p. 154; is the effect any changes may have on reduces sagebrush within burned areas, Connelly et al. 2004, pp. 7-44 to 7-50; greater sage-grouse populations. and big sagebrush varieties, the most Pyke, in press, p. 25). Habitat loss from The few studies that have suggested widespread species of sagebrush, can fire and the subsequent invasion by fire may be beneficial for greater sage- take up to 150 years to reestablish an nonnative annual grasses have grouse were primarily conducted in area (Braun 1998, p. 147; Cooper et al. negatively affected sage-grouse mesic areas used for brood-rearing 2007, p. 13; Lesica et al. 2007, p. 264; populations in some locations (Connelly et al. 2000c, p. 93). (Klebenow 1970, p. 399; Pyle and Baker, in press, pp. 15-16). Crawford 1996, p. 323; Gates 1983, in Evidence exists of a significant Connelly et al. 2000c, p. 90; Sime 1991, Fire rotation, or the average amount of relationship between an increase in fire in Connelly et al. 2000a, p. 972). In this time it takes to burn once through a occurrence caused by Bromus tectorum habitat, small fires may maintain a particular landscape, is difficult to invasion in the Snake River Plain and suitable habitat mosaic by reducing quantify in large sagebrush expanses. Northern Great Basin since the 1960s shrub encroachment and encouraging Because sagebrush is killed by fire, it (Miller et al., in press, p. 39) and in understory growth. However, without does not record evidence of prior burns northern Nevada and eastern Oregon available nearby sagebrush cover, the (i.e., fire scars) as do forested systems. since 1980 (MZs IV and V). The utility of these sites is questionable. For As a result, a clear picture of the extensive distribution and highly example, Slater (2003, p. 63) reported complex spatial and temporal pattern of invasive nature of B. tectorum poses that sage-grouse using burned areas historical fire regimes in most sagebrush substantial increased risk of fire and were rarely found more than 60 m (200 communities is not available. Widely permanent loss of sagebrush habitat, as ft) from the edge of the burn and may variable estimates of historical fire areas disturbed by fire are highly preferentially use the burned and rotation have been described in the susceptible to further invasion and unburned edge habitat. However, Byrne literature. Depending on the species of ultimately habitat conversion to an (2002, p. 27) reported avoidance of sagebrush and other site-specific altered community state. For example, burned habitat by nesting, brood- characteristics, fire return intervals from Link et al. (2006, p. 116) show that risk rearing, and broodless females. Both 10 to well over 300 years have been of fire increases from approximately 46 Connelly et al. (2000c, p. 90) and reported (McArthur 1994, p. 347; Peters to 100 percent when ground cover of B. Fischer et al. (1996, p. 196) found that and Bunting 1994, p. 33; Miller and tectorum increases from 12 to 45 prescribed burns did not improve Rose 1999, p. 556; Kilpatrick 2000, p. 1; percent or more. In the Great Basin brood-rearing habitat in Wyoming big Frost 1998, in Connelly et al. 2004, p. Ecoregion (defined as east-central sagebrush, as forbs did not increase and 7-4; Zouhar et al. 2008, p. 154; Baker in California, most of Nevada, and western insect populations declined. Hence, press, pp. 15-16). In general, mean fire Utah, MZs IV and V), approximately 58 fires in these locations may negatively return intervals in low-lying, xeric, big percent of sagebrush habitats are at affect brood-rearing habitat rather than sagebrush communities range from over moderate to high risk of B. tectorum improve it (Connelly and Braun 1997, p. 100 to 350 years, and return intervals invasion during the next 30 years 11). decrease from 50 to over 200 years in (Suring et al. 2005, p. 138). The BLM The nature of historical fire patterns more mesic areas, at higher elevations, estimated that approximately 11.9 in sagebrush communities, particularly during wetter climatic periods, and in million ha (29 million ac) of public

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13933

lands in the western distribution of the 2002 (157,700 ha; 384,743 ac) before included MZs III, IV, V, and VI, all of greater sage-grouse (Washington, rising again 10-fold in 2006 (1.4 million which have extensive Bromus tectorum Oregon, Idaho, Nevada, Utah) were ha; 3.5 million ac) (Miller et al., in invasions. infested with weeds as of 2000 (BLM press, pp. 39-40). In addition to wildfire, land managers 2007a, p. 3-28). The most dominant From 1980 to 2007, wildfires have are using prescribed fire as well as invasive plants consist of grasses in the burned approximately 8.7 million ha mechanical and chemical treatments to Bromus genus, which represent nearly (21.5 million ac) of sagebrush, or obtain desired management objectives 70 percent of the total infested area approximately 18 percent of the for a variety of wildlife species and (BLM 2007a, p. 3-28). estimated 47.5 million ha (117.4 million domestic ungulates in sagebrush Conifer woodlands have expanded ac) of sagebrush habitat occurring habitats throughout the range of the into sagebrush ecosystems over the last within the delineated MZs (Baker, in greater sage-grouse. While the efficacy century (Miller et al. in press, p. 34). press, p. 43). Additionally, the trend in of treatments in sagebrush habitats to Woodlands can encroach into sagebrush total acreage burned since 1980 has enhance sage-grouse populations is communities when the interval between primarily increased (Miller et al., in questionable (Peterson 1970, p. 154; fires becomes long enough for seedlings press, p. 39). Although fire alters Swensen et al. 1987, p. 128; Connelly et to establish and trees to mature and sagebrush habitats throughout the al. 2000c, p. 94; Nelle et al. 2000, p. 590; dominate a site (Miller et al. in press, p. greater sage-grouse’s range, fire WAFWA 2009, p. 12; Connelly et al. in 36). However, historical fire rotation disproportionately affects the Great press c, p. 8), as with wildland fire, an appears to have been sufficiently long to Basin (Baker et al. in press, p. 20) (i.e., immediate and potentially long-term allow woodland invasion, and yet Utah, Nevada, Idaho, and eastern result is the loss of habitat (Beck et al. extensive stands of mature sagebrush Oregon; MZ III, IV, and V) and will 2009, p. 400). were evident during settlement times likely influence the persistence of Knick et al. (in press, p. 33) report (Vale 1975, p. 33; Baker, in press, pp. greater sage-grouse populations in the that more than 370,000 ha (914,000 ac) 15-16). This suggests that causes other area. In these three MZs combined, of public lands were treated with than active fire suppression must largely nearly 27 percent of sagebrush habitat prescribed fire to address management explain recent tree invasions into has burned since 1980 (Baker, in press, objectives for many different species sagebrush habitats (Baker in press, p. 21, p. 43). A primary reason for this between 1997 and 2006, mostly in 24). Baker (in press, p. 24) and Miller et disproportionate influence in this region Oregon and Idaho, and an additional al. (in press, p. 37) offer a suite of is due to the presence of burned sites 124,200 ha (306,900 ac) were treated causes, acting in concert with fire and their subsequent susceptibility to with mechanical means over this same exclusion that may better explain the invasion by exotic annual grasses. time period, primarily in Utah and dramatic expansion of conifer According to one review, range fires Nevada. However, these acreages woodlands over the last century. These destroyed 30 to 40 percent of sage- represent all habitat types and thus causes include alterations due to grouse habitat in southern Idaho (MZ overestimate negative impacts to greater domestic livestock grazing (such as IV) in a 5–year period (1997–2001) sage-grouse. Quantifying the amount of reduced competition from native grasses (Signe Sather-Blair, BLM, in Healy sagebrush-specific habitat treatments is and forbs and facilitation of tree 2001). This amount included about difficult due to the fact that centralized regeneration by increased shrub cover 202,000 ha (500,000 ac), which burned reporting is not typically categorized by and enhanced seed dispersal), climatic between 1999 and 2001, significantly habitat. However, agencies under the fluctuations favorable to tree altering the largest remaining Department of the Interior (DOI) report regeneration, enhanced tree growth due contiguous patch of sagebrush in the species of special interest, including to increased water use efficiency State (Signe Sather-Blair, BLM, in Healy greater sage-grouse, which may occur in associated with carbon dioxide 2001). Between 2003 and 2007, Idaho proximity to a prescribed treatment. fertilization, and recovery from past lost an additional 267,000 ha (660,000 Between 2003 and 2008, approximately disturbance (both natural and ac) of sage-grouse habitat, or 133,500 ha (330,000 ac) of greater sage- anthropogenic). Regardless of the cause approximately 7 percent of the total grouse habitat have been burned by land of conifer woodland encroachment, the estimated remaining habitat in the State. managers within the DOI or rate of expansion is increasing and is Over nine fire seasons in Nevada (1999– approximately 22,000 ha (55,000 ac) resulting in the loss and fragmentation 2007), about 1 million ha (2.5 million annually. This acreage does not reflect of sagebrush habitats (see discussion in ac) of sagebrush were burned, lands burned by agencies under the Pinyon-juniper section below). representing approximately 12 percent USDA (e.g., USFS). Although much of Between 1980 and 2007, the number of the State’s extant sagebrush habitat the land under USFS jurisdiction lies of fires and total area burned increased (Espinosa and Phenix 2008, p. 3). Most outside greater sage-grouse range, this in all MZs across the greater sage- of these fires occurred in northeast agency manages approximately 8 grouse’s range except the Snake River Nevada (MZ IV) within quality habitat percent of sagebrush habitats. Plain (MZ IV) (Miller et al., in press, p. that has traditionally supported high Ultimately, the amount of sagebrush 39). Additionally, average fire size densities of sage-grouse, which also is habitat treated by land managers increased in the Southern Great Basin highly susceptible to Bromus tectorum appears to represent a relatively minor (MZ III) during this same period. invasion. loss when compared to loss incurred by However, predicting the amount of Baker (in press, p. 20) calculated wildfire. However, in light of the habitat that will burn during an ‘‘average recent fire rotation by MZ and compared significant habitat loss due to wildfire, fire’’ year is difficult due to the highly these to estimates of historical fire and the preponderance of evidence that variable nature of fire seasons. For rotations. Based on this analysis, the suggests these treatments are not example, the approximate area burned researcher suggests that increased fire beneficial to sage-grouse, the rationale on or adjacent to BLM-managed lands rotations since 1980 are presumably for using such treatments to improve varied from 140,000 ha (346,000 ac) in outside the historic range of variability sage-grouse habitat deserves further 1998 to a 6-fold increase in 1999 and far shorter in floristic regions where scrutiny. (814,200 ha; 2 million ac) returning back Wyoming big sagebrush is common Sagebrush recovery rates are highly down to approximately the 1998 level in (Baker in press, p. 20). This analysis variable, and precise estimates are often

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13934 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

hampered by limited data from older maintain site productivity rather than to infrastructure. Human-caused fires have burns. Factors contributing to the rate of regain site suitability for wildlife (Pyke, reportedly increased and been shown to shrub recovery include the amount of in press, p. 24). Consequently, in areas be correlated with road presence (Miller and distance from unburned habitat, that experience active post-fire et al., in press. p. 40). Given the abundance and viability of seed in soil restoration efforts, an emphasis is often popularity of off-highway vehicles seed bank (depending on species, placed on introduced grasses that (OHV) and the ready access to lands in sagebrush seeds are typically viable for establish quickly. Only recently has a the Great Basin, the increasing trend in one to three seasons), rate of seed modest increase in the use of native both fire ignitions by people and loss of dispersal, and pre- and post-fire species for burned area rehabilitation habitat will likely continue. weather, which influences seedling been reported (Richards et al. 1998, p. While multiple factors can influence germination and establishment (Young 630; Pyke, in press, p. 24). Further sagebrush persistence, fire is the and Evans 1989, p. 204; Maier et al. complicating our understanding of the primary cause of recent large-scale 2001, p. 701; Ziegenhagen and Miller effectiveness of these treatments is that losses of habitat within the Great Basin, 2009, p. 201). Based on a review of most managers do not keep track of and this stressor is anticipated to existing literature, Baker (in press, pp. monitoring data in a routine or intensify. In addition to loss of habitat 14-15) reports that full recovery to pre- systematic fashion (GAO 2003, p. 5). and its influence on greater sage-grouse burn conditions in Artemisia tridentata Assuming complete success of population persistence, fragmentation ssp. vaseyana communities ranges restoration efforts on targeted areas, and isolation of populations presents a between 25 and 100 years and in A. t. however unlikely, the return of a shrub- higher probability of extirpation in ssp. wyomingensis communities dominated community will still require disjunct areas (Knick and Hanser, in between 50 and 120 years. However, the several decades, and landscape press, p. 20; Wisdom et al., in press, p. researcher cautions that data pertaining restoration may require centuries or 22). Knick and Hanser (in press, p. 31) to the latter community is sparse. What longer (Knick 1999, p. 55; Hemstrom et suggest extinction is currently more is known is that by 25 years post-fire, A. al. 2002, p. 1252). Even longer periods probable than colonization for many t. ssp. wyomingensis typically has less may be required for greater sage-grouse great sage-grouse populations because of than 5 percent pre-fire canopy cover to use recovered or restored landscapes their low abundance and isolation (Baker in press, p. 15). (Knick et al., in press, p. 65). coupled with fire and human influence. A variety of techniques have been As areas become isolated through The loss of habitat due to wildland employed to restore sagebrush disturbances such as fire, populations communities following a fire event fire is anticipated to increase due to the are exposed to additional stressors and (Cadwell et al. 1996, p. 143; Quinney et intensifying synergistic interactions persistence may be hampered by the al. 1996, p. 157; Livingston 1998, p. 41). among fire, people, invasive species, limited ability of individuals to disperse The extent and efficacy of restoration and climate change (Miller et al., in into areas that are otherwise not self- efforts is variable and complicated by press, p. 50). The recent past- and sustaining. Thus, while direct loss of limitations in capacity (personnel, present-day fire regimes across the habitat due to fire has been shown to be equipment, funding, seed availability, greater sage-grouse distribution have a significant factor associated with and limited seeding window), changed with a demonstrated increase population persistence, the indirect incomplete knowledge of appropriate in the more arid Wyoming big sagebrush effect posed by loss of connectivity methods, invasive plant species, and communities and a decrease across among populations may greatly expand abiotic factors, such as weather, that are many mountain big sagebrush the influence of this threat beyond the largely outside the control of land communities. Both scenarios of altered physical fire perimeter. managers (Hemstrom et al. 2002, pp. fire regimes have caused significant Summary: Fire 1250-1251; Pyke, in press, p. 29). While losses to greater sage-grouse habitat post-fire rehabilitation efforts have through facilitating conifer expansion at Fire is one of the primary factors benefited from additional resources in high-elevation interfaces and exotic linked to population declines of greater recent years, resulting in an increase of weed encroachment at lower elevations sage-grouse because of long-term loss of treated acres from 28,100 ha (69,436 ac) (Miller et al., in press, p. 47). In the face sagebrush and conversion to in 1997 to 1.6 million ha (3.9 million ac) of climate change, both of these monocultures of exotic grasses in 2002 (Connelly et al. 2004, p. 7-35), scenarios are anticipated to worsen (Connelly and Braun 1997, p. 7; Johnson acreage treated annually remains far (Baker, in press, p. 24; Miller et al., in et al., in press, p. 12; Knick and Hanser, outpaced by acreage disturbed. For press, p. 48). Predicted changes in in press, pp. 29-30). Loss of sagebrush example, of the more than 1 million ha temperature, precipitation, and carbon habitat to wildfire has been increasing (2.5 million ac) of sage-grouse habitat dioxide are all anticipated to influence in western areas of the greater sage- burned during the 2006 and 2007 fire vegetation dynamics and alter fire grouse range for the past three decades. seasons on BLM-managed lands, about patterns resulting in the increasing loss The change in fire frequency has been 40 percent or 384,000 ha (950,000 ac) and conversion of sagebrush habitats strongly influenced by the presence of had some form of active post-fire (Neilson et al. 2005, p. 157). Further, exotic annual grasses and significantly restoration such as reseeding. More many climate scientists suggest that in deviates from extrapolated historical specifically, Eiswerth et al. (2009, p. addition to the predicted change in regimes. Restoration of these 1321) report that over the past 20 years climate toward a warmer and generally communities is challenging, requires within the BLM’s Winnemucca District wetter Great Basin, variability of many years, and may, in fact, never be in Nevada, approximately 12 percent of interannual and interdecadal wet-dry achieved in the presence of invasive burned areas have been actively cycles will increase and likely act in grass species. Greater sage-grouse are reseeded. concert with fire, disease, and invasive slow to recolonize burned areas even if The main purpose of the Burned Area species to further stress the sagebrush structural features of the shrub Emergency Stabilization and ecosystem (Neilson et al. 2005, p. 152). community may have recovered (Knick Rehabilitation program (BLM 2007b, pp. The anticipated increase in suitable et al., in press, p. 46). While it is not 1-2), designed to rehabilitate areas conditions for wildland fire will likely currently possible to predict the extent following fire, is to stabilize soils and further interact with people and or location of future fire events, the best

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13935

scientific and commercial information cases where monocultures occur, States (MZs I and II) (Connelly et al. available indicates that fire frequency is eliminate vegetation that sage-grouse 2004, p. 5-9). likely to increase in the foreseeable use for food and cover. Invasives do not Quantifying the total amount of sage- future due to increases in cover of provide quality sage-grouse habitat. grouse habitat impacted by invasives is Bromus tectorum and the projected Sage-grouse depend on a variety of problematic due to differing sampling effects of climate change (see Invasive native forbs and the insects associated methodologies, incomplete sampling, plants (annual grasses and other with them for chick survival, and inconsistencies in species sampled, and noxious weeds), below, and also sagebrush, which is used exclusively varying interpretations of what Climate Change, below). throughout the winter for food and constitutes an infestation (Miller et al., An analysis of previously extirpated cover. Invasives impact the entire range in press, p. 19). Widely variable sage-grouse habitats has shown that the of sage-grouse, although not all given estimates of the total acreage of weed extent and abundance of sagebrush species are distributed across the entire infestations have been reported. BLM habitats, proximity to burned habitat, range. Leu et al. (2008, pp. 1119-1139) (1996, p. 6) estimated invasives (which and degree of connectivity among sage- modeled the risk of invasion by exotic may or may not have included Bromus grouse groups strongly affects plant species for the entire range of tectorum in their estimate) covered at persistence (Aldridge et al. 2008, p. 987; sage-grouse. Areas at high risk for least 3.2 million ha (8 million ac) of Knick and Hanser, in press, pp. 29-30; invasion were distributed throughout BLM lands as of 1994, and predicted 7.7 Wisdom et al., in press, p. 17). The loss the range, but were especially million ha (19 million ac) would be of habitat caused by fire and the concentrated in eastern Washington infested by 2000. However, a qualitative functional barrier burned habitat can (MZ VI), southern Idaho (MZ IV), 1991 BLM survey covering 40 million pose to movement and dispersal central Utah (MZ III), and northeast ha (98.8 million ac) of all BLM-managed compounds the influence this stressor Montana (MZ I). land in Washington, Oregon, Idaho, can have on populations and population Along with replacing or removing Nevada, and Utah (MZs III, IV, V, and dynamics. Barring alterations to the vegetation essential to sage-grouse, VI) reported that introduced annual current fire pattern, as well as the invasives fragment existing sage-grouse grasses were a dominant or significant difficulties associated with restoration, habitat. They can create long-term presence on 7 million ha (17.2 million the concerns presented by this threat changes in ecosystem processes, such as ac) of sagebrush ecosystems (Connelly et will continue and likely strongly fire-cycles (see discussion under Fire al. 2004, p. 5-10). An additional 25.1 influence persistence of the greater sage- above) and other disturbance regimes million ha (62 million ac) had less than grouse, especially in the western half of that persist even after an invasive plant 10 percent B. tectorum in the its range within the foreseeable future. is removed (Zouhar et al. 2008, p. 33). understory, but were considered to be at A variety of nonnative annuals and Invasive Plants (Annual Grasses and risk of B. tectorum invasion (Zouhar perennials are invasive to sagebrush Other Noxious Weeds) 2003, p. 3, in reference to the same ecosystems (Connelly et al. 2004, pp. 7- survey). More recently, BLM reported For the purposes of our analysis in 107 and 7-108; Zouhar et al. 2008, p that as of 2000, noxious weeds and this section, we consider invasive plants 144). Bromus tectorum is considered annual grasses occupied 11.9 million ha (invasives) to be any nonnative plant most invasive in Artemisia tridentata (29.4 million ac) of BLM lands in that negatively impacts sage-grouse ssp. wyomingensis communities, while habitat, including annual grasses and Taeniatherum asperum fills a similar Washington, Oregon, Idaho, Nevada, other noxious weeds. However, in the niche in more mesic communities with and Utah (BLM 2007a, p. 3-28). literature that we reviewed, the terms heavier clay soils (Connelly et al. 2004, However, when considering all States noxious weeds and invasives were not p. 5-9). Some other problematic within the current range of sage-grouse, consistently defined or applied. rangeland weeds include Euphorbia this number increases to 14.8 million ha Consequently, both terms are used in esula (leafy spurge), Centaurea (36.5 million ac). Although estimates of our discussion to reflect the original use solstitialis (yellow starthistle), the total area infested by B. tectorum in the sources we cite. In the source Centaurea maculosa (spotted vary widely, it is clear that B. tectorum material, it was often unclear whether knapweed), Centaurea diffusa (diffuse is a significant presence in western discussions about noxious weeds knapweed), and a number of other rangelands. included invasive annual grasses (e.g., Centaurea species (DiTomaso 2000, p. The Landscape Fire and Resource Bromus tectorum), referred solely to 255; Davies and Svejcar 2008, pp. 623- Management Planning Tools Project invasive forbs and invasive perennial 629). (LANDFIRE) has a rangewide dataset grasses, or only referenced species that Nonnative annual grasses (e.g., documenting annual grass distribution. are listed on State and Federal noxious Bromus tectorum and Taeniatherum Based on 1999–2002 imagery, at least weed lists (many of which do not asperum) have caused extensive 885,990 ha (2.2 million ac) of annual consider B. tectorum a noxious weed). sagebrush habitat loss in the grasses occur within the current range of Nonetheless, all of these can be Intermountain West and Great Basin sage-grouse (LANDFIRE 2007). Satellite categorized as nonnative plants that (Connelly et al. 2004, pp. 1-2 and 4-16). data only map annual grass have a negative impact on sage-grouse They impact sagebrush ecosystems by monocultures, and not areas where they habitat and thus meet our definition of shortening fire intervals to as low as 3 occur in lower densities or even invasive plants. to 5 years, perpetuating their own dominate the sagebrush understory Invasives alter plant community persistence and intensifying the role of (which is mapped as sagebrush). structure and composition, productivity, fire (Whisenant 1990, p. 4). Connelly et Therefore, the LANDFIRE dataset is a nutrient cycling, and hydrology al. (2004, p. 7-5) suggested that fire gross underestimate of the total acres of (Vitousek 1990, p. 7) and may cause intervals are shortened to less than 10 infestation. However, this dataset declines in native plant populations years. Although nonnative annual provides a rangewide comparison of through competitive exclusion and grasses occur throughout the sage- annual grass monocultures and niche displacement, among other grouse’s range, they are more identifies the large extent of these mechanisms (Mooney and Cleland 2001, problematic in western States (MZs III, monocultures in both the western and p. 5446). Invasive plants reduce and, in IV, V, and VI) than Rocky Mountain eastern part of the sage-grouse’s range.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13936 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

Approximately 80 percent of land in locations (Bradley and Mustard 2006, p. of C. solstitialis, and 1,100,000 ha the Great Basin Ecoregion (MZs III, IV, 1146) as well as summer, annual, and (2,718,148 ac) of Euphorbia esula, but and V) is susceptible to displacement by spring precipitation, and winter this estimate did not describe the Bromus tectorum (including over 58 temperature (Bradley 2009, p. 196). distribution of invasives across the percent of sagebrush that is moderately Bradley et al. (2009, p. 1517) predicted landscape. These estimates, combined or highly susceptible) within 30 years that in the future some areas will with estimates of acres infested by (Connelly et al. 2004, p. 7-17, Suring et become unfavorable for B. tectorum Bromus tectorum, and the fact that al. 2005, p. 138). Due to the while others will become favorable. LANDFIRE detected more acres of other disproportionate abundance of B. Specifically, Bradley et al. (2009, p. noxious weeds than annual grasses, tectorum in the Great Basin, suggesting 1515) predicted that climatically illustrate the severity of the invasives an increased susceptibility to B. suitable B. tectorum habitat will shift problem. tectorum invasion than other parts of northwards, leading to expanded risk in Invasives that are not annual grasses the sage-grouse’s range, Connelly et al. Idaho, Montana, and Wyoming, but impact the entire range of sage-grouse, (2004, p. 7-8) cautioned that a formal reduced risk in southern Nevada and although not all given species are analysis of the risk of B. tectorum Utah. Despite the potential for future distributed across the entire range. Leu invasion in other areas was needed retreat in Nevada and Utah, there will et al. (2008, pp. 1119-1139) modeled the before such inferences are made. Also, still be climatically suitable B. tectorum risk of invasion by exotic plant species while nonnative annual grasses are habitat in these States, well within the (which also would include annual usually associated with lower elevations range of sage-grouse (see Figure 4b in grasses), for the entire range of sage- and drier climates (Connelly et al. 2004, Bradley et al. 2009, p. 1517). Bradley et grouse. Areas at high risk for invasion p. 5-5), the ecological range of B. al. (2009, p. 1511) noted that changes in were distributed throughout the range, tectorum continues to expand at low climatic suitability may create but were especially concentrated in and high elevations (Ramakrishnan et restoration opportunities in areas that eastern Washington (MZ VI), southern al. 2006, pp. 61-62), both southward and are currently dominated by invasives. Idaho (MZ IV), central Utah (MZ III), eastward (Miller et al., in press, p. 21). We anticipate that B. tectorum will and northeastern Montana (MZ I). Like Local infestations of B. tectorum and eventually disappear from areas that Bromus tectorum, the distribution of other annual grasses occur in Montana, become climatically unsuitable for this other invasives will likely shift with Wyoming, and Colorado (MZs I and II) species, but this transition is unlikely to climate change. Bradley et al. (2009, p. (Miller et al., in press, p. 21), and there occur suddenly. Also, Bradley et al. 1518) predicts that the range of C. is evidence that B. tectorum is (2009, p. 1519) cautioned that areas that maculosa will expand in some areas, impacting fire intervals in Wyoming. become unfavorable to B. tectorum may mainly in parts of Oregon, Idaho, For example, 40,469 ha (100,000 ac) of become favorable to other invasives, western Wyoming, and Colorado, and sagebrush that burned in a wildfire such as B. rubens (red brome) in the will contract in other areas (e.g., eastern southeast of Worland, Wyoming (MZ II), southern Great Basin, which is more Montana). She also predicts that the became infested with B. tectorum, tolerant of higher temperatures. range of C. solstitialis will expand accelerating the fire interval in this area Therefore, areas that become unsuitable eastward (Bradley et al. 2009, p. 1514) (Wyoming Big Horn Basin Sage-grouse for B. tectorum will not necessarily be and that the invasion risk of Euphorbia Local Working Group 2007, pp. 39-40). returned to pre-invaded habitat esula will likely decrease in several States, including parts of Colorado, Noxious weeds spread about 931 ha conditions without significant effort. (2,300 ac) per day on BLM land and Oregon, and Idaho (Bradley et al. 2009, Bradley et al. (2009, p. 1519) suggested 1,862 ha (4,600 ac) per day on all public pp. 1516-1518). that modeling and experimental work is land in the West (BLM 1996, p. 1), or Many efforts are ongoing to restore or needed to assess whether native species increase about 8 to 20 percent annually rehabilitate sage-grouse habitat affected could occupy these sites if invasives are (Federal Interagency Committee for the by invasive species. Common reduced or eliminated by climate Management of Noxious and Exotic rehabilitation techniques include first change. Weeds 1997, p. v). Invasions are often reducing the density of invasives using associated with ground disturbances LANDFIRE also has a rangewide herbicides, defoliation via grazing, caused by wildfire, grazing, dataset documenting other exotic pathogenic bacteria and other forms of infrastructure, and other anthropogenic grasses and forbs, including perennial biocontrol, or prescribed fire (Tu et al. activity (Rice and Mack 1990, p. 84; grasses and annual, perennial, and 2001; Larson et al. 2008, p. 250; Pyke, Gelbard and Belnap 2003, p. 420; biennial forbs. Like annual grasses, in press, pp. 25-26). Sites are then Zouhar et al. 2008, p. 23), but other invasive plants are grossly typically reseeded with grass and forb disturbance is not required for invasives underestimated in the LANDFIRE mixes, and sometimes planted with to spread (Young and Allen 1997, p. dataset because the dataset only sagebrush plugs. Despite ongoing efforts 531; Roundy et al. 2007, p. 614). includes monocultures of these species. to transform lands dominated by Invasions also may occur sequentially, Based on 1999–2002 imagery, at least invasive annual grasses into quality where initial invaders (e.g., Bromus 1.3 million ha (3.3 million ac) of other sage-grouse habitat, restoration and tectorum) are replaced by new exotics exotic plants occur within the current rehabilitation techniques are considered (Crawford et al. 2004, p 9; Miller et al., range of sage-grouse (LANDFIRE 2007). to be mostly unproven and experimental in press, p. 20). Aside from LANDFIRE, the only other (Pyke, in press, pp. 25-28, and see Based on data collected in the western information documenting the specific discussion on fire above). half of the range, Bradley et al. (2009, distribution of invasives within the Several components of the restoration pp. 1511-1521; Bradley 2009, pp. 196- sage-grouse’s range is at a presence– process are being investigated with 208) predicted favorable conditions for absence scale at the county level. varying success (Pyke, in press, p. 25). Bromus tectorum across much of the DiTomaso (2000, p. 257) estimated that Some techniques show promise, such as sage-grouse’s range under current and western rangelands are infested with use of the herbicide Imazapic to control future (2100) climate conditions. A 2,900,000 ha (7,166,027 ac) of C. Bromus tectorum. However, further strong indicator for future B. tectorum maculosa, 1,300,000 ha (3,212,357 ac) of analyses of the benefit of this method locations is the proximity to current C. diffusa, 8,000,000 ha (19,768,352 ac) still need to be conducted (Pyke, in

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13937

press, p. 27). Also, it will take time for whether this estimate is limited to population response of sage-grouse to sagebrush to establish and mature in noxious weeds or if it includes other these treatments. areas currently dominated by annual invasives (e.g., Bromus tectorum). Still, Invasives are a serious rangewide grasses. Rehabilitation and restoration we can compare this estimate to the area threat, and one of the highest risk efforts also are hindered by cost and the of all invasives (excluding conifers) factors for sage-grouse based on the ability to procure the equipment and treated by the BLM between October plants’ ability to out-compete sagebrush, seed needed for projects (Pyke, in press, 2005 and September 2007, which the inability to effectively control them pp. 29-30). Furthermore, while totaled 259,897 ha (642,216 ac), i.e., once they become established, and the restoration projects for other species approximately 86,632 ha (214,072 ac) synergistic interaction between them may depend on a single site or treated annually. and other risk factors on the landscape landowner, restoration of sage-grouse The number of acres treated annually (e.g., wildfire, infrastructure habitat requires partnerships across (86,632 ha; 214,072 ac) is not keeping construction). Invasives reduce and multiple ownerships in order to restore pace with the rate of spread (339,815 ha; eliminate vegetation that is essential for and maintain a connective network of 839,500 ac) especially when considering sage-grouse to use as food and cover. intact vegetation (Pyke, in press, pp. 33- the inability to treat the problem. We Their presence on the landscape has 34). acknowledge that the rate of spread on removed and fragmented sage-grouse Treatment success also depends on BLM lands also includes areas that are habitat. Because invasives are factors which are not controllable, such not sage-grouse habitat. However, the widespread, have the ability to spread as precipitation received at the rate of spread may not have included B. rapidly, occur near areas susceptible to treatment site (Pyke, in press, p. 30). For tectorum and only part of the invasive invasion, and are difficult to control, we example, only 3.3 to 33.6 percent of treatments completed by BLM (23.6 anticipate that invasives will continue recent vegetation treatments conducted percent of treatments in annual to replace and reduce the quality of by the BLM in annual grassland grassland monocultures and 7.5 percent sage-grouse habitat across the range in monocultures were reported as of treatments in sagebrush with annual the foreseeable future. There have been successful (Carlson 2008b, pers. comm.). grassland understories) were considered many studies addressing effective Areas with established annual grasses to be effective by the BLM (Carlson invasive control methods, as well as that receive less than 22.9 cm (9 in.) of 2008b, pers. comm.). Also, treatments conservation actions to control annual precipitation are less likely to are typically considered to be successful invasives, with varied success. While benefit from restoration (Connelly et al. based on whether native vegetation was some efforts appear successful at 2004, p. 7-17, Carlson 2008b, pers. reestablished, maintained, or enhanced, smaller scales, prevention (e.g., early comm.). Consequently, BLM focuses and not based on a positive population detection and fire prevention) appears most (98 percent) of their restoration response of sage-grouse to the treatment. to be the only known effective tool to efforts in areas receiving more than 22.9 Therefore, the effectiveness of preclude or minimize large-scale habitat cm (9 in.) of annual precipitation where treatments for sage-grouse is likely loss from invasive species in the future. there is greater chance of success. Of the much less than reported for vegetation. Pinyon-Juniper Encroachment BLM treatments in annual grasslands, The National Invasive Species only 10 percent of acres treated in areas Council (2008, p. 8) acknowledges that Pinyon-juniper woodlands are a receiving less than 22.9 cm (9 in.) of there has been a significant increase in native habitat type dominated by annual precipitation were considered to activity and awareness, but that much pinyon pine (Pinus edulis) and various be effectively treated. In areas receiving remains to be done to prevent and juniper species (Juniperus spp.) that can between 22.9 cm (9 in.) and 30.5 cm (12 mitigate the problems caused by encroach upon, infill, and eventually in.) of annual precipitation, 33.6 percent invasive species. As an example, the replace sagebrush habitat. These two of the acres were treated effectively, and State of Montana has made much woodland types are often referred to 3.3 percent of the acres were treated progress through partnerships in collectively as pinyon-juniper; however, effectively in areas receiving greater reducing noxious weeds in the State some portions of the sage-grouse’s range than 30.5 cm (12 in.) of annual from 3.2 million ha (8 million ac) in are only impacted by juniper precipitation (Carlson 2008b, pers. 2000 to 3.1 million ha (7.6 million ac) encroachment. Commons et al. (1999, p. comm.). Since the BLM treatments in in 2008 (Montana Weed Control 238) found that the number of male annual grassland monocultures Association 2008). However, the Gunnison sage-grouse (C. minimus) on included both the reestablishment of Montana Noxious Weed Summit leks in southwestern Colorado doubled native shrub and grass species and Advisory Council Weed Management after pinyon-juniper removal and greenstripping efforts to reduce the Task Force (2008, p. III) estimates that mechanical treatment of mountain frequency of fires in annual grassland to slow weed spread and reduce current sagebrush and deciduous brush. Hence, monocultures, it is unclear how many of infestations by 5 percent annually, they we infer that some greater sage-grouse these successfully treated acres are require 2.6 times the current level of populations have been negatively attributed to restoration versus funding from a variety of private, local, affected by pinyon-juniper prevention. State, and Federal sources (or $55.8 encroachment and that some A variety of regulatory mechanisms million versus $21.2 million). In populations will decline in the future and nonregulatory measures to control addition to funding, other factors that due to projected increases in the invasive plants exist. However, the potentially limit ability to control pinyon-juniper type, especially in areas extent to which these mechanisms invasives include the amount of where pinyon-juniper encroachment is a effectively ameliorate the current rate of available native seed sources, the time large-scale threat (parts of MZs III, IV, invasive expansion is unclear. If it takes to restore sagebrush to an area and V). Doherty et al. (2008, p. 187) noxious weeds are spreading at a rate of once it is removed from a site, and the reported a strong avoidance of conifers 931 ha (2,300 ac) per day on BLM lands existence of treatments that are known by female greater sage-grouse in the (BLM 1996, p. 1), this amounts to to be effective in the long-term. winter, further supporting our previous 339,815 ha (839,500 ac) per year, which Monitoring is limited in many cases inference. Also, Freese’s (2009, pp. 84- includes both suitable and nonsuitable and, where it occurs, monitoring 85, 89-90) 2–year telemetry study in habitat for sage-grouse. It is unclear typically does not document the central Oregon found that sage-grouse

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13938 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

used areas with less than 5 percent in cover between 1985 and 2005 at their of the site to invasive plant infestations, juniper cover more often in the breeding southeastern Idaho study site (Sankey among other factors. We are not aware and summer seasons than similar and Germino 2008, pp. 412-413). of any study documenting a direct habitat that had greater than 5 percent Pinyon-juniper expansion into correlation between these treatments juniper cover. Therefore, pinyon-juniper sagebrush habitats, with subsequent and increased greater sage-grouse encroachment into occupied sage-grouse replacement of sagebrush communities, productivity; however, we infer some habitat reduces, and likely eventually has been well documented (Miller et al. level of positive response based on eliminates, sage-grouse occupancy in 2000, p. 575; Connelly et al. 2004, p. 7- Commons et al.’s (1999) Gunnison sage- these areas. 5; Crawford et al. 2004, p. 2; Miller et grouse study and the documented Pinyon-juniper woodlands are often al. 2008, p. 1). However, few studies avoidance, or reduced use, by sage- associated with sagebrush communities have documented woodland dynamics grouse of areas where pinyon-juniper and currently occupy at least 18 million at the landscape level across different has encroached upon sagebrush ha (44.6 million ac) of the ecological provinces, creating some communities (Doherty et al. 2008, p. Intermountain West within the sage- uncertainty regarding the total amount 187; Freese 2009, pp. 84-85, 89-90). grouse’s range (Crawford et al. 2004, p. of expansion that has occurred in However, since the effectiveness of 8; Miller et al. 2008, p. 1). Pinyon- sagebrush communities (Miller et al. treatments for sage-grouse is usually juniper extent has increased 10-fold in 2008, p. 1). Regardless, we know that up based on a short-term, anecdotal the Intermountain West since European to 90 percent of existing woodlands in evaluation of whether pinyon-juniper settlement causing the loss of many the sagebrush-steppe and Great Basin was successfully removed from a site, it bunchgrass and sagebrush-bunchgrass sagebrush vegetation types were is unclear whether pinyon-juniper communities (Miller and Tausch 2001, previously dominated by sagebrush removal has a positive long-term pp. 15-16). This expansion has been vegetation prior to the late 1800s (Miller population-level impact for sage-grouse. attributed to the reduced role of fire, the et al., in press, pp. 23-24). Based on past In most cases it is still too early to introduction of livestock grazing, trends and the current distribution of measure a population response to these increases in global carbon dioxide pinyon-juniper relative to sagebrush treatments (Oregon Department of Fish concentrations, climate change, and habitat, we anticipate that expansion and Wildlife (ODFW) 2008, p. 3). natural recovery from past disturbance will continue at varying rates across the Consequently, we do not know if these (Miller and Rose 1999, pp. 555-556; landscape and cause further loss of efforts are effectively ameliorating the Miller and Tausch 2001, p. 15; Baker, in sagebrush habitat within the western threat of pinyon-juniper expansion at press, p. 24; see also discussion under part of the sage-grouse’s range, the site-level. Fire above). especially in parts of MZs III, IV, and V. Furthermore, while many acres have Connelly et al. (2004, pp. 7-8 to 7-14) While pinyon-juniper expansion been treated since 2004, treatments are estimated that approximately 60 percent appears less problematic in the eastern not likely keeping pace with the current of sagebrush in the Great Basin was at portion of the range (MZs I, II and VII) rate of pinyon-juniper encroachment, at low risk of displacement by pinyon- and silver sagebrush areas (primarily least in parts of the range. For example, juniper in 30 years, 6 percent at MZ I), woodland encroachment is a while Oregon has treated approximately moderate risk, and 35 percent at high threat mentioned in Wyoming, 8,094 ha (20,000 ac) of juniper to restore risk. Mountain big sagebrush appears to Montana, and Colorado State sage- native sagebrush habitat between 2003 be most at risk of pinyon-juniper grouse conservation plans, indicating and early 2008 (about 1,619 ha or 4,000 displacement (Connelly et al. 2004, pp. that this is of some concern in these ac per year; ODFW 2008, p. 3), 7-13). When juniper increases in States as well (Stiver et al. 2006, p. 2- LANDFIRE data show at least 106,882 mountain big sagebrush communities, 23). Colorado’s State plan mapped areas ha (264,110 ac) of juniper occur within shrub cover declines and the season of threatened by pinyon-juniper 4.8 km (3 mi) of Oregon leks. This available succulent forbs is shortened encroachment in northwestern distance (4.8 km; 3 mi) reflects the due to soil moisture depletion Colorado, and specifically attributed upper estimate of a typical pinyon seed (Crawford et al. 2004, p. 8). As with some sage-grouse habitat loss in dispersal event, although seeds may be Bromus tectorum, the Great Basin Colorado to pinyon-juniper expansion dispersed shorter distances and up to at appears more susceptible to pinyon- (Colorado Greater Sage-grouse Steering least 10 km (6.2 mi) (Chambers et al. juniper invasion than other areas of the Committee 2008, pp. 179, 182). 1999, p. 12). At this rate, it would take sage-grouse’s range; however, Connelly Furthermore, LANDFIRE (2007) data approximately 60 years to remove the et al. (2004, pp. 7-8) cautioned that a illustrates extensive coverage of pinyon- threat of juniper encroachment within 3 formal analysis of the risks posed in juniper woodlands in parts of miles of sage-grouse leks in Oregon, other locations was needed before such northwestern Colorado within the range assuming expansion does not continue. inferences could be made. of sage-grouse. These data also show Again, LANDFIRE data provides a Annual encroachment rates that were limited pinyon-juniper coverage in gross underestimate of pinyon-juniper reported in five studies ranged from 0.3 Montana and Wyoming; however, since it misses single, large trees. This to 31 trees per hectare (0.7 to 77 trees LANDFIRE data could be a major underestimate suggests that it will take per acre) (Sankey and Germino 2008, p. underestimate of juniper because it is longer than 60 years to fully address the 413). For the three studies that difficult to classify pinyon-juniper threat of juniper encroachment in measured the percent increase in woodlands with satellite imagery when Oregon, if conservation actions continue juniper cover per year, cover increased the trees occur at low densities (Hagen to occur at the current rate. between 0.4 and 4.5 percent annually 2005, p. 142). Furthermore, not all treatments are (Sankey and Germino 2008, p. 413). Recently, many conservation actions effective. Of the 38,780 ha (95,826 ac) Sankey and Germino (2008, p. 413) have addressed this threat using a treated by BLM in Fiscal Year (FY) 2006 compared juniper encroachment rates variety of techniques (e.g., mechanical, and FY 2007, only 21,598 ha (53,369 from previous research to their study. herbicide, cutting, burning) to remove ac), or 55.7 percent were considered to Their estimate that juniper cover conifers in sage-grouse habitat. The be effective by the BLM (Carlson 2008b, increased 0.7 to 1.5 percent annually effectiveness of these treatments varies pers. comm.). Again, the measure of was based on a 22 to 30 percent increase with the technique used and proximity effectiveness typically refers to whether

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13939

vegetation was treated successfully, and efforts appear successful at smaller livestock grazing (Knick et al. 2003, p. not whether sage-grouse use an area that scales, prevention appears to be the only 616; Knick et al., in press, p. 27). has been treated. known effective tool to preclude large- Although little direct experimental scale habitat loss from invasive annuals evidence links grazing practices to Summary: Invasive Plants and Pinyon- and perennials in the future. Pinyon- population levels of greater sage-grouse Juniper Encroachment juniper treatments, particularly when (Braun 1987, p. 137; Connelly and Invasives plants negatively impact done in the early stages of Braun 1997, p. 231), the impacts of sage-grouse primarily by reducing or encroachment when sagebrush and forb livestock grazing on sage-grouse habitat eliminating native vegetation that sage- understory is still intact, have the and on some aspects of the life cycle of grouse require for food and cover, potential to provide an immediate the species have been studied. Sage- resulting in habitat loss and benefit to sage-grouse. However, studies grouse need significant grass and shrub fragmentation. A variety of nonnative have not yet documented a correlation cover for protection from predators, annuals and perennials (e.g., Bromus between pinyon-juniper treatments and particularly during nesting season, and tectorum, Euphorbia esula) and native increased greater sage-grouse females will preferentially choose conifers (e.g., pinyon pine, juniper productivity. nesting sites based on these qualities species) are invasive to sagebrush (Hagen et al. 2007, p. 46). The reduction ecosystems. Nonnative invasives, Grazing of grass heights due to livestock grazing including annual grasses and other Native herbivores, such as pronghorn in sage-grouse nesting and brood-rearing noxious weeds, continue to expand antelope (Antilocapra americana), mule areas has been shown to negatively their range, facilitated by ground deer (Odocoileus hemionus), bison affect nesting success when cover is disturbances such as wildfire, grazing, (Bison bison), and other ungulates were reduced below the 18 cm (7 in.) needed and infrastructure. Pinyon and juniper present in low numbers on the for predator avoidance (Gregg et al. and some other native conifers are sagebrush-steppe region prior to 1994, p. 165). Based on measurements expanding and infilling their current European settlement of western States of cattle foraging rates on bunchgrasses range mainly due to decreased fire (Osborne 1953, p. 267; Miller et al. both between and under sagebrush return intervals, livestock grazing, and 1994, p. 111), and sage-grouse co- canopies, the probability of foraging on increases in global carbon dioxide evolved with these animals. However, under-canopy bunchgrasses depends on concentrations associated with climate mass extinction of the majority of large sagebrush morphology, and change, among other factors. herbivores occurred 10,000 to 12,000 consequently, the effects of grazing on Collectively, invasives plants impact years ago (Knick et al. 2003, p. 616; nesting habitats might be site specific the entire range of sage-grouse, although Knick et al., in press, p. 40). From that (France et al. 2008, pp. 392-393). they are most problematic in the period up until European settlement, Several authors have noted that Intermountain West and Great Basin many areas of sagebrush-steppe still did grazing by livestock could reduce the (MZs III, IV, V, and VI). A large portion not support herds of large ungulates and suitability of breeding and brood-rearing of the Great Basin is at risk of B. grazing pressure was likely sporadic and habitat, negatively affecting sage-grouse tectorum invasion or pinyon-juniper localized (Miller et al. 1994, p. 113; populations (Braun 1987, p. 137; Dobkin encroachment within the next 30 years. Plew and Sundell 2000, p. 132; Grayson 1995, p. 18; Connelly and Braun 1997, Approximately 80 percent of land in the 2006, p. 921). Additionally, plants of the p. 231; Beck and Mitchell 2000, pp. 998- Great Basin Ecoregion (MZs III, IV, and sagebrush-steppe lack traits that reflect 1000). Exclosure studies have V) is susceptible to displacement by B. a history of large ungulate grazing demonstrated that domestic livestock tectorum within 30 years (Connelly et pressure (Mack and Thompson 1982, grazing reduces water infiltration rates al. 2004, p. 7-17, Suring et al. 2005, p. pp. 757). Therefore, native vegetation and cover of herbaceous plants and 138). Connelly et al. (2004, pp. 7-8 to 7- communities within the sagebrush litter, as well as compacting soils and 14) estimated that approximately 35 ecosystem evolved in the absence of increasing soil erosion (Braun 1998, p. percent of sagebrush in the Great Basin significant grazing presence (Mack and 147; Dobkin et al. 1998, p. 213). These was at high risk of displacement by Thompson 1982, p. 768). With European impacts result in a change in the pinyon-juniper in 30 years. Bromus settlement of western States (1860 to the proportion of shrub, grass, and forb tectorum is widespread at lower early 1900s), unregulated numbers of components in the affected area, and an elevations and pinyon-juniper cattle, sheep, and horses rapidly increased invasion of exotic plant woodlands tend to expand into higher increased, peaking at the turn of the species that do not provide suitable elevation sagebrush habitats, creating an century (Oliphant 1968, p. vii; Young et habitat for sage-grouse (Mack and elevational squeeze from both low and al. 1976, pp. 194-195, Carpenter 1981, p. Thompson 1982, p. 761; Miller and high elevations. Climate change will 106; Donahue 1999, p. 15) with an Eddleman 2000, p. 19; Knick et al., in likely alter the range of individual estimated 19.6 million cattle and 25 press, p. 41). invasive species, increasing million sheep in the West (BLM 2009a, Livestock also may compete directly fragmentation and habitat loss of p. 1). with sage-grouse for rangeland sagebrush communities. Despite the Excessive grazing by domestic resources. Cattle are grazers, feeding potential shifting of individual species, livestock during the late 1800s and early mostly on grasses, but they will make invasive plants will persist and 1900s, along with severe drought, seasonal use of forbs and shrub species continue to spread rangewide in the significantly impacted sagebrush like sagebrush (Vallentine 1990, p. 226). foreseeable future. ecosystems (Knick et al. 2003, p. 616). Domestic sheep are intermediate feeders A variety of restoration and Long-term effects from this overgrazing, making high use of forbs, but also using rehabilitation techniques are used to including changes in plant communities a large volume of grass and shrub treat invasive plants, but they can be and soils, persist today (Knick et al. species like sagebrush (Vallentine 1990, costly and are mostly unproven and 2003, p.116). Currently, livestock pp. 240-241). Sheep consume rangeland experimental. The success of treatments, grazing is the most widespread type of forbs in occupied sage-grouse habitat particularly for annual grassland land use across the sagebrush biome (Pederson et al. 2003, p. 43) and, in restoration, depends on uncontrollable (Connelly et al. 2004, p. 7-29); almost all general, forb consumption may reduce factors (e.g., precipitation). While some sagebrush areas are managed for food availability for sage-grouse. This

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13940 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

impact is particularly important for pre- al. 2001, p. 4; Olsen and Wallander grouse habitat quality (and possibly laying hens, as forbs provide essential 2001, p. 30) and woody plant sage-grouse numbers) in the 1970s may calcium, phosphorus, and protein encroachment (Riggs and Urness 1989, have been associated with extensive (Barnett and Crawford 1994, p. 117). A p. 358) in sage-grouse habitat. rangeland treatments to increase forage hen’s nutritional condition affects nest Sagebrush plant communities are not for domestic livestock. initiation rate, clutch size, and adapted to domestic grazing Greater sage-grouse response to subsequent reproductive success disturbance. Grazing changed the herbicide treatments depends on the (Barnett and Crawford 1994, p.117; functioning of systems into less extent to which forbs and sagebrush are Coggins 1998, p. 30). resilient, and in some cases, altered killed. Chemical control of sagebrush Other effects of direct competition communities (Knick et al., in press, p. has resulted in declines of sage-grouse between livestock and sage-grouse 39). The ability to restore or rehabilitate breeding populations through the loss of depend on condition of the habitat and areas depends on the condition of the live sagebrush cover (Connelly et al. the grazing practices. Thus, the effects area relative to its site potential (Knick 2000a, p. 972). Herbicide treatment also vary across the range of the greater sage- et al., in press, p. 39). For example, if can result in sage-grouse emigration grouse. For example, Aldridge and an area has a balanced mix of shrubs from affected areas (Connelly et al. Brigham (2003, p. 30) suggest that poor and native understory vegetation, a 2000a, p. 973), and has been livestock management in mesic sites, change in grazing management can documented to have a negative effect on which are considered limited habitats restore the habitat to its potential vigor nesting, brood carrying capacity for sage-grouse in Alberta (Aldridge and (Pyke, in press, p. 11). Wambolt and (Klebenow 1970, p. 399), and winter Brigham 2002, p. 441), results in a Payne (1986, p. 318) found that rest shrub cover essential for food and reduction of forbs and grasses available from grazing had a better perennial grass thermal cover (Pyrah 1972 and Higby to sage-grouse chicks, thereby affecting response than other treatments. Active 1969 as cited in Connelly et al. 2000a, chick survival. restoration would be required where p. 973). Conversely, small treatments Other consequences of grazing native understory vegetation is much interspersed with nontreated sagebrush include several related to livestock reduced (Pyke, in press, p. 15). But, if habitats did not affect sage-grouse use, trampling of grouse and habitat. an area has soil loss and/or invasive presumably due to minimal effects on Although the effect of trampling at a species, returning the site to the native food or cover (Braun 1998, p. 147). Also, population level is unknown, outright historical plant community may be application of herbicides in early spring nest destruction has been documented impossible (Daubenmire 1970, p. 82; to reduce sagebrush cover may enhance and the presence of livestock can cause Knick et al., in press, p. 39; Pyke, in some brood-rearing habitats by sage-grouse to abandon their nests press, p. 17). Aldridge et al. (2008, p. increasing the coverage of herbaceous (Rasmussen and Griner 1938, p. 863; 990) did not find any relationship plant foods (Autenrieth 1981, p. 65). Patterson 1952, p. 111; Call and Maser between sage-grouse persistence and Mechanical treatments are designed to 1985, p. 17; Holloran and Anderson livestock densities. However, the either remove the aboveground portion 2003, p. 309; Coates 2007, p.28). Coates authors noted that livestock numbers do of the sagebrush plant (mowing, roller (2007, p. 28) documented nest not necessarily correlate with range chopping, and roto-beating), or to abandonment following partial nest condition. They concluded that the uproot the plant from the soil (grubbing, depredation by a cow. In general all intensity, duration, and distribution of bulldozing, anchor chaining, cabling, recorded encounters between livestock livestock grazing are more influential on railing, raking, and plowing; Connelly et and grouse nests resulted in hens rangeland condition than the livestock al. 2004, p. l7-47). These treatments flushing from nests, which could expose density values used in their modeling were begun in the 1930s and continued the eggs to predation; there is strong efforts (Aldridge et al. 2008, p. 990). at relatively low levels to the late 1990s evidence that visual predators like Extensive rangeland treatment has (Braun 1998, p. 147). Mechanical ravens use hen movements to locate been conducted by federal agencies and treatments, if carefully designed and sage-grouse nests (Coates 2007, p.33). private landowners to improve executed, can be beneficial to sage- Livestock also may trample sagebrush conditions for livestock in the grouse by improving herbaceous cover, seedlings, thereby removing a source of sagebrush-steppe region (Connelly et al. forb production, and sagebrush future sage-grouse food and cover 2004, p. 7- 28; Knick et al., in press, p. resprouting (Braun 1998, p. 147). (Connelly et al. 2004, p. 7-31). 28). By the 1970s, over 2 million ha (5 However, adverse effects also have been Trampling of soil by livestock can million ac) of sagebrush are estimated to documented (Connelly et al. 2000a, p. reduce or eliminate biological soil crusts have been mechanically treated, sprayed 973). For example, in Montana, the making these areas susceptible to with herbicide, or burned in an effort to number of breeding males declined by Bromus tectorum invasion (Mack 1981 remove sagebrush and increase 73 percent after 16 percent of the 202- as cited in Miller and Eddleman 2000, herbaceous forage and grasses (Crawford km2 (78- mi2) study area was plowed p. 21; Young and Allen 1997, p. 531). et al. 2004, p. 12). The BLM treated over (Swenson et al. 1987, p. 128). Some livestock grazing effects may 1,800,000 ha (4,447,897 ac) from 1940 to Mechanical treatments in blocks greater have positive consequences for sage- 1994, with 62 percent of the treatment than 100 ha (247 ac), or of any size grouse. Evans (1986, p. 67) found that occurring during the 1960s (Miller and seeded with exotic grasses, degrade sage-grouse used grazed meadows Eddleman 2000, p. 20). Braun (1998, p. sage-grouse habitat by altering the significantly more during late summer 146) concluded that, since European structure and composition of the than ungrazed meadows because grazing settlement of western North America, all vegetative community (Braun 1998, p. had stimulated the regrowth of forbs. sagebrush habitats used by greater sage- 147). Klebenow (1981, p. 121) noted that sage- grouse have been treated in some way The current extent to which grouse sought out and used openings in to reduce shrub cover. The use of mechanical, chemical, and prescribed meadows created by cattle grazing in chemicals to control sagebrush was fire methods are used to remove or northern Nevada. Also, both sheep and initiated in the 1940s and intensified in control sagebrush is not known, goats have been used to control invasive the 1960s and early 1970s (Braun 1987, particularly with regard to private lands. weeds (Mosley 1996 as cited in p. 138). Crawford et al. (2004, p. 12) However, BLM has stated that with rare Connelly et al. 2004, p. 7-49; Merritt et hypothesized that reductions in sage- exceptions, they no longer are involved

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13941

in actions that convert sagebrush to and Maser 1985, p. 22; Braun 1998, p. difficult to quantify but may be other habitat types, and that mechanical 145; Connelly et al. 2000a, p. 974; Beck considerable. or chemical treatments in sagebrush et al. 2003, p. 211; Knick et al. 2003, p. We are unaware of any studies that habitat on BLM lands currently focus on 612; Connelly et al. 2004, p. 1-2). directly address the impact of wild improving the diversity of the native The impacts of livestock operations horses or burros on sagebrush and sage- plant community, reducing conifer on sage-grouse depend upon stocking grouse. However, some authors have encroachment, or reducing the risk of a levels, season of use, and utilization suggested that wild horses could large wildfire (see discussion of Fire levels. Cattle and sheep Animal Unit negatively impact important meadow above; BLM 2004, p. 15). Months (AUMs) (the amount of forage and spring brood-rearing habitats used Historically, the elimination of required to feed one cow with calf, one by sage-grouse (Crawford et al. 2004, p. sagebrush followed with rangeland horse, five sheep, or five goats for 1 11; Connelly et al. 2004, p. 7-37). Horses seedings was encouraged to improve month) on all Federal land have are generalists, but seasonally their diets forage for livestock grazing operations declined since the early 1900s (Laycock can be almost wholly comprised of (Blaisdell 1949, p. 519). Large expanses et al. 1996, p. 3). By the 1940s, AUMs grasses (Wagner 1983, pp. 119-120). A of sagebrush removed via chemical and on all Federal lands (not just areas comparison of areas with and without mechanical methods have been occupied by sage-grouse) were horse grazing showed 1.9 to 2.9 times reseeded with nonnative grasses, such estimated to be 14.6 million, increasing more grass cover and higher grass as crested wheatgrass (Agropyron to 16.5 million in the 1950s, and density in areas without horse grazing cristatum), to increase forage production gradually declining to 10.2 million by (Beever et al. 2008 as cited Beever and on public lands (Pechanec et al. 1965 as the 1990s (Miller and Eddleman 2000, Aldridge in press, p. 11). Additionally, cited in Connelly et al. 2004, p.7-28). p. 19). Although AUMs have decreased sites with horse grazing had less shrub These treatments reduced or eliminated over time, we cannot assume that the cover and more fragmented shrub many native grasses and forbs present net impact of grazing has decreased canopies (Beever and Aldridge in press, prior to the seedings (Hull 1974, p. 217). because the productivity of those lands p. 12). As noted above, sage-grouse need Sage-grouse are affected indirectly significant grass and shrub cover for has decreased (Knick et al., in press, p. through the loss of native forbs that protection from predators particularly 42). As of 2007, the number of permitted serve as food and loss of native grasses during nesting season, and females will AUMs for BLM lands in States where that provide concealment or hiding preferentially choose nesting sites based sage-grouse occur totaled 7,118,989 cover (Connelly et al. 2004, p. 4-4). on these qualities (Hagen et al. 2007, p. (Beever and Aldridge, in press, p. 19- Water developments for the benefit of 46). Sites with grazing also generally 20). We estimate that those permitted livestock and wild ungulates on public showed less plant diversity, altered soil AUMs occur in approximately 18,783 lands are common (Connelly et al. 2004, characteristics, and 1.6 to 2.6 times BLM grazing allotments in sage-grouse p. 7-35). Development of springs and greater abundance of nonnative Bromus habitat (Stoner 2008). Since 2005, 644 other water sources to support livestock tectorum (Beever et al. 2008 as cited in in upland shrub-steppe habitats can (3.4 percent) of those allotments have Beever and Aldridge 2009, in press, p. artificially concentrate domestic and decreased the permitted AUMs (Service 13). These impacts combined indicate wild ungulates in important sage-grouse 2008a). However, BLM tracks the that horse grazing has the potential to habitats, thereby exacerbating grazing number of AUMs permitted rather than result in an overall decrease in the impacts in those areas such as heavy the number of AUMs actually used. The quality and quantity of sage-grouse grazing and vegetation trampling (Braun number permitted typically is higher habitat in areas where such grazing 1998, p. 147; Knick et al., in press, p. than what is used, thus we do not know occurs. 42). Diverting the water sources has the how the decrease on paper corresponds Currently, free-roaming equids secondary effect of changing the habitat to the actual number of AUMs for the consume an estimated 315,000 to present at the water source before last four years. 433,000 AUMs as compared to over 7 diversion. This impact could result in Wild Horse and Burro Grazing million AUMs for domestic livestock the loss of either riparian or wet within the range of greater sage-grouse meadow habitat important to sage- Free-roaming horses and burros have (Beever and Aldridge, in press, p. 21). grouse as sources of forbs or insects. been a component of sagebrush and Cattle typically outnumber horses by a Water developments for livestock and other arid communities since they were large degree in areas where both occur; wild ungulates also could be used as brought to North America at the end of however, locally ratios of 2:1 mosquito breeding habitat, and thus the 16th century (Wagner 1983, p. 116; (horse:cow) have been reported (Wagner have the potential to facilitate the Beever 2003, p. 887). About 31,000 wild 1983, p.126). The local effects of spread of West Nile virus (see horses occur in 10 western States ungulate grazing depend on a host of discussion under Factor C: Disease and (including 2 states outside the range of abiotic and biotic factors (e.g., elevation, Predation). the greater sage-grouse), with herd sizes season, soil composition, plant Another indirect negative impact to being largest in Nevada, Wyoming, and productivity, and composition). sage-grouse from livestock grazing Oregon, which are the States with the Additional significant biological and occurs due to the placement of most extensive sagebrush cover behavioral differences influence the thousands of miles of fences for (Connelly et al. 2004, p. 7-37). Of about impact of horses as compared to cattle livestock management purposes (see 5,000 burros occur in five western States grazing on habitat (Beever 2003, pp. discussion above under Infrastructure). approximately 700 occur within the 888-890). For example, due to Fences cause direct mortality through SGCA (Connelly et al. 2004, p.7-37). physiological differences, a horse must collision and indirect mortality through Beever and Aldridge (2009, in press, p. forage longer and consumes 20 to 65 the creation of predator perch sites, the 7) estimate that about 12 percent (78, percent more forage than would a cow potential creation of predator corridors 389 km2, 30,266 mi2) of sage-grouse of equivalent body mass (Wagner 1983, along fences (particularly if a road is habitat is managed for free-roaming p. 121; Menard et al. 2002, p.127). maintained next to the fence), incursion horses and burros. However, the extent Unlike cattle and other ungulates, of exotic species along the fencing to which the equids use land outside of horses can crop vegetation close to the corridor, and habitat fragmentation (Call designated management areas is ground, potentially limiting or delaying

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13942 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

recovery of plants (Menard et al. 2002, concentration of animals (Doman and However, testing for impacts of grazing p.127). In addition, horses seasonally Rasmussen 1944, p. 319; Smith 2001, at landscape scales important to sage- move to higher elevations, spend less pp. 179-181). Unlike domestic grouse is confounded by the fact that time at water, and range farther from ungulates, wild ungulates are not almost all sage-grouse habitat has at one water sources than cattle (Beever and confined to the same area, at the same time been grazed and thus no non- Aldridge in press, pp. 20, 21). Given time each year. Therefore, the impacts grazed, baseline areas currently exist these differences, along with the from wild ungulates are spread more with which to compare (Knick et al. in confounding factor of past range use, it diffusely across the landscape, resulting press, p. 43). Although we cannot is difficult to assess the overall in minimal long-term impacts to the examine grazing at large spatial scales, magnitude of the impact of horses on vegetation community. we do know that grazing can have the landscape in general, or on sage- Summary: Grazing negative impacts to sagebrush and grouse habitat in particular. In areas consequently to sage-grouse at local grazed by both horses and cattle, Livestock management and domestic scales. However, how these impacts whether the impacts are synergistic or grazing can seriously degrade sage- additive is currently unknown (Beever grouse habitat. Grazing can adversely operate at large spatial scales and thus and Aldridge, in press, p. 21). impact nesting and brood-rearing on population levels is currently habitat by decreasing vegetation unknown. Given the widespread nature Wild Ungulate Herbivory concealment from predators. Grazing of grazing, the potential for population- Native herbivores, such as elk (Cervus also has been shown to compact soils, level impacts cannot be ignored. elaphus), mule deer, and pronghorn decrease herbaceous abundance, Energy Development antelope coexist with sage-grouse in increase erosion, and increase the sagebrush ecosystems (Miller et al. probability of invasion of exotic plant Greater sage-grouse populations are 1994, p. 111). These ungulates are species. Once plant communities have negatively affected by energy present in sagebrush ecosystems during an invasive annual grass understory development activities (primarily oil, various seasons based on dietary needs dominance, successful restoration or gas, and coal-bed methane), especially and forage availability (Kufeld 1973, p. rehabilitation techniques are largely those that degrade important sagebrush 106-107; Kufeld et al. 1973 as cited in unproven and experimental (Pyke, in habitat, even when mitigative measures Wallmo and Regelin 1981, p. 387-396; press, p. 25). Massive systems of fencing are implemented (Braun 1998, p. 144; Allen et al. 1984, p. 1). Elk primarily constructed to manage domestic Lyon 2000, pp. 25-28; Holloran 2005, consume grasses but are highly versatile livestock cause direct mortality to sage- in consumption of forbs and shrubs grouse in addition to degrading and pp. 56-57; Naugle et al. 2006, pp. 8-9; when grasses are not available (Kufeld fragmenting habitats. Livestock Walker et al. 2007a, p. 2651; Doherty et 1973, pp. 106-107; Vallentine 1990, p. management also can involve water al. 2008, p. 192; Harju et al. in press, p. 235). In the winter, heavy snow forces developments that can degrade 22). Impacts can result from direct elk to lower-elevation sagebrush areas important brood-rearing habitat and or habitat loss, fragmentation of important where they forage heavily on sagebrush facilitate the spread of WNv. habitats by roads, pipelines, and (Wambolt and Sherwood 1999, p. 225). Additionally, some research suggests powerlines (Kaiser 2006, p. 3; Holloran Mule deer utilize forbs, shrubs, and there may be direct competition et al. 2007, p. 16), noise (Holloran 2005, grasses throughout the year dependent between sage-grouse and livestock for p. 56), and direct human disturbance upon availability and preference (Kufeld plant resources. However, although (Lyon and Anderson 2003, p. 489). The et al. 1973 as cited in Wallmo and there are obvious negative impacts, negative effects of energy development Regelin 1981, pp. 389-396). Pronghorn some research suggests that under very often add to the impacts from other antelope, most commonly associated specific conditions grazing can benefit human development and activities and with grasslands and sagebrush, consume sage-grouse. result in sage-grouse population a wide variety of available shrubs and Similar to domestic grazing, wild declines (Harju et al. in press, p. 22; forbs and consume new spring grass horses and burros have the potential to Naugle et al., in press, p. 1). For growth (Allen et al. 1984, p. 1; negatively affect sage-grouse habitats in example, 12 years of coal-bed methane Vallentine 1990, p. 236). areas where they occur by decreasing gas development in the Powder River We are unaware of studies evaluating grass cover, fragmenting shrub canopies, Basin of Wyoming has coincided with the effects of native ungulate herbivory altering soil characteristics, decreasing 79 percent decline in the sage-grouse on sage-grouse and sage-grouse habitat. plant diversity, and increasing the population (Emmerich 2009, pers. However, concentrated native ungulate abundance of invasive Bromus comm.). Population declines associated herbivory may impact vegetation in tectorum. with energy development result from sage-grouse habitat on a localized scale. Native ungulates have coexisted with the abandonment of leks (Braun et al. Native ungulate winter browsing can sage-grouse in sagebrush ecosystems. 2002, p. 5; Walker et al. 2007a, p. 2649; have substantial, localized impacts on Elk and mule deer browse sagebrush sagebrush vigor, resulting in decreased during the winter and can cause Clark et al. 2008, pp. 14, 16), decreased shrub cover or sagebrush mortality mortality to small patches of sagebrush attendance at the leks that persist (Wambolt 1996, p. 502; Wambolt and from heavy winter use. Pronghorn (Holloran 2005, pp. 38-39, 50; Kaiser Hoffman 2004, p. 195). Additionally, antelope, largely overlapping with sage- 2006, p. 23; Walker et al. 2007a, p. 2648; despite decreased habitat availability, grouse habitat year around, consume Harju et al. in press, p. 22), lower nest elk and mule deer populations are grasses and forbs during the summer initiation (Lyon 2000, p. 109; Lyon and currently higher than pre-European and browse on sagebrush in the winter. Anderson 2003, p. 5), poor nest success estimates (Wasley 2004, p. 3; Young and We are not aware of research analyzing and chick survival (Aldridge and Boyce Sparks 1985, pp. 67-68). As a result, impacts from these native ungulates on 2007, p. 517), decreased yearling some States started small-scale sage-grouse or sage-grouse habitat. survival (Holloran et al., in press, p. 6), supplemental feeding programs for deer Currently there is little direct and avoidance of energy infrastructure and elk. In those localized areas, evidence linking grazing practices to in important wintering habitat (Doherty vegetation is heavily utilized from the population levels of greater sage-grouse. et al. 2008, pp. 192-193).

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13943

Nonrenewable Energy Sources with biomass, unconventional oil and and VII of Wyoming, eastern Montana, Nonrenewable fossil fuel energy gas, and renewable sources—all of western Colorado, and eastern Utah development (e.g., petroleum products, which are existing or potentially (IHS Incorporated 2006). Currently, oil, coal) has been occurring in sage-grouse available in current sage-grouse habitats conventional gas, or coal-bed methane habitats since the late 1800s (Connelly (U.S. Department of Energy (DOE) 2006, development occur across the eastern et al. 2004, p. 7-28). Interest in p. 3; National Petroleum Council 2007, component of the SGCA. Four developing oil and gas resources in p. 6; BLM 2005a, p. 2-4; National geological basins are most affected by a North America has been cyclic based on Renewable Energy Laboratory (NREL) concentration of development—Powder demand and market conditions (Braun 2008a, entire; Idaho National River (MZ I), Williston (MZ I), et al. 2002, p. 2). Between 2004 and Engineering and Environmental Southwestern Wyoming (MZ II), and the 2008, the exploration and development Laboratory 2003, entire; EIA 2009b, pp. Uinta–Piceance (MZs II, III, VII) of fossil fuels in sagebrush habitats 2-4). For example, oil shale and tar coinciding with the highest proportion sands are unconventional fossil fuel increased rapidly as prices and demand of high-density areas of sage-grouse, the liquids predicted for increased were spurred by geopolitical greatest number of leks, and the highest development in the sage-grouse range. uncertainties and legislative mandates male sage-grouse attendance at leks Shale sources providing 2 million (National Petroleum Council 2007, pp. compared with any other area in the barrels per day in 2007 are expected to 5-7). Legislative mandates that were eastern part of the range (Doherty et al. contribute 5.6–6.1 million barrels by used to effect an increase in energy in press, p. 11). The Powder River Basin 2030 (EIA 2009b, p. 30). Extraction of development include those of the in northeastern Wyoming and this resource involves removal of habitat Energy Policy and Conservation Act southeastern Montana is home to an and disturbance similar to oil and gas (EPCA) of 1975 (42 United States Code important regional population of the development (see discussion below). (U.S.C.) 6201 et seq.) to secure energy larger Wyoming Basin populations, National reserves of oil shale lie which represents 25 percent of the sage- supplies and increase the availability of primarily in the Uinta–Piceance area of fossil fuels. Reauthorization and grouse in the species’ range (Connelly et Colorado and Utah (MZs II, III, and VII), al. 2004, p. A4-37). The Powder River amendments to the EPCA have occurred and the Green River and Washakie areas through subsequent legislation Basin serves as a link to peripheral of southwestern Wyoming (MZ II). populations in eastern Wyoming and including the Energy Policy Act of 2000 These 1.4 million ha (3.5 million ac) of (Public Law (P.L.) 106-469) that western South Dakota and between the Federal lands contain an estimated 1.23 Wyoming Basin and central Montana. mandates the inventory of Federal trillion barrels of oil—more than 50 nonrenewable resources (42 U.S.C. The Pinedale Anticline Project is in the times the United States’ proven Greater Green River area of the 6217). The 2005 Energy Policy Act conventional oil reserves (BLM 2008a, requires identification and resolution of Southwest Wyoming Basin where the p. 2). subpopulation in southwestern impediments to timely granting of Available EPCA inventories detail Federal leases and post-leasing Wyoming and northwestern Colorado energy resources in 11 geological basins has been a stronghold for sage-grouse development (42 U.S.C. 15851). In (DOI et al. 2008, entire) in the greater addition, the 2005 Energy Policy Act with some of the highest estimated sage-grouse conservation assessment densities of males per square kilometer mandated the designation of corridors area identified in the 2006 Conservation on Federal lands for energy transport anywhere in the remaining range of the Strategy (Stiver et al. 2006, p. 1-11). species (Connelly et al. 2004, pp. 6-62, (42 U.S.C. 15926), ordered the Extensive oil and gas reserves are A5-23). The southwestern Wyoming- identification of renewable energy identified in the Williston Basin of northwestern Colorado subpopulation sources (e.g., wind, geothermal), and western North Dakota, northwestern has historically supported more than provided incentives for development of South Dakota, and eastern Montana; 800 leks (Connelly et al. 2004, p. 6-62). renewable energy sources (42 U.S.C. Montana Thrust Belt in west-central The preservation of large contiguous 15851). Montana; Powder River Basin of blocks or interconnected patches of Global recession starting in 2008 northeastern Wyoming and southeastern habitats that exist in southwestern resulted in decreased energy demand Montana; Wyoming Thrust Belt of Wyoming is considered a conservation and subsequently slowed rate of energy extreme southwestern Wyoming, priority for sage-grouse (Knick and development (Energy Information northern Utah, and southeastern Idaho; Administration (EIA) 2009b, p. 2). Southwest Wyoming Basin including Hanser in press, p. 31). However, the production of fossil fuels portions of southwestern and central Extensive development and is predicted to regain and surpass the Wyoming, northeastern Utah, and operations are occurring in sage-grouse early 2008 levels starting in 2010 (EIA northwestern Colorado; Uinta–Piceance habitats where the number of producing 2009b, p. 109). Forecasts to the year Basin of west-central Colorado and east- wells has tripled in the past 30 years 2030 predict fossil fuels to continue to central Utah; Eastern Great Basin in (Naugle et al., in press, p. 17). More than provide for the United States’ energy eastern Nevada, western Utah, and 8 percent of the distribution of needs while not necessarily in southern Idaho; and Paradox Basin in sagebrush habitats is directly or conventional forms or from present south-central and southeastern Utah. indirectly affected by oil and gas extraction techniques (EIA 2009b, pp. 2- Although all these geological basins development and associated pipelines 4, 109). Recent concerns about curbing have some component of sage habitats, (Knick et al. in press, p. 48). Forty-four greenhouse gas emissions associated the Southwestern Wyoming Basin as percent of the 16-million-ha (39-million- with fossil fuel use are being addressed defined by EPCA (DOI et al. 2008, p. 3- ac) Federal mineral estate in MZs I and through government policy, legislation, 11) is highest in sagebrush-dominated II is leased and authorized for and advanced technologies and are landscapes (Knick et al. 2003, pp. 613, exploration and development (Naugle et likely to effect a transition in fuel form 615) and is located in MZ II as described al. in press, pp. 17-18). Wyoming (EIA 2009b, pp. 2-3, 78). in Stiver et al. 2006 (pp. 1-11). contains the highest percentage of the The decline in use of conventional Oil and gas development has occurred Federal mineral estate with 10.6 million fossil fuels for power generation in the in the past, with historical well ha (26.2 million ac); 52 percent of it is future is expected to be supplemented locations concentrated in MZs I, II, III, authorized for development (Naugle et

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13944 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

al., in press, pp. 17-18). Other Federal were in place on Federal, State, and restored to pre-disturbance conditions mineral estates in the eastern portion of private holdings in the Powder River for an extended time (BLM 2003, p. 4- the sage-grouse conservation assessment Basin area (Naugle et al., in press, p. 7). 268). Sagebrush restoration after area that are authorized for development In 2008, the BLM in Montana completed development is difficult to achieve, and include at least 27 percent of Montana’s a supplement to the 2003 successful restoration is not assured as 3.7 million ha (9.1 million ac), 50 Environmental Impact Statement (EIS) described above (Habitat Description percent of 915,000 ha (2.3 million ac) in and Record of Decision (ROD) to allow and Characteristics). Colorado, 25 percent of 405,000 ha (1.0 for 5,800–16,500 new coal bed methane The 9.6-million-ha (23.9-million-ac) million ac) in Utah, and 14 percent of wells in the Montana portion of the Williston Basin underlies the North and South Dakota’s combined Powder River Basin over the pursuant northeastern corner of the current sage- 365,000 ha (902,000 ac) (Naugle et al. in 20 years (BLM 2008b, pp. 4.2, 4.4-4.5). grouse range in Montana, North and press, p. 38). The BLM estimated a direct impact of South Dakota. It is another energy The Great Plains MZ (MZ I) contains 0.8–1.3 ha (2–3.4 ac) per well site (BLM resource area experiencing concentrated all or portions of the 20.9-million-ha 2008b, p. 4.11). In addition to the well oil and gas development in MZ I. Oil (51.7-million-ac) Powder River and footprint, each additional group of 2–10 production has occurred in the Williston geological basins identified as wells has been shown to increase the Williston Basin for at least 80 years with significant oil and gas resources. The number of new roads, power lines, and oil production peaking in the 1980s resource areas include 7.2 million ha other infrastructure (Naugle et al. in (Advanced Resources International (18.2 million ac) of sagebrush habitats. press, p. 7). Ranching, tillage 2006, p. 3-3). Advances in technology Oil and gas infrastructure and planned agriculture, and energy development are including directional drilling and coal- development occupies less than 1 the primary land uses in the Powder bed methane technology have boosted percent of the land area in MZ I; River Basin. The presence of human development of oil and gas in the basin however, the ecological effect is greater features and road densities are high in (Advanced Resources International than 20 percent of the sagebrush habitat, areas where all three activities coincide 2006, p. 3.2; Zander 2008, p. 1). Large, based on applying a buffer zone to to the level that every 0.8 ha (0.5 mi) developed fields are concentrated in the estimate the potential the distance of could be bounded by a road and Bowdoin Dome area of north-central sage-grouse response to infrastructure bisected by a power line (Naugle et al. Montana and the 193-km (120-mi) long (Lyon and Anderson 2003, p. 489; Knick in press, p. 9). Cedar Creek Anticline area of et al., in press, p. 133). Energy The Powder River Basin serves as a southeastern Montana, southwestern development is concentrated in the link to peripheral sage-grouse North Dakota, and northwestern South Powder River geologic basin in populations in eastern Wyoming and Dakota. Extensive energy development northeastern Wyoming and southeastern western South Dakota and between the in the Cedar Creek Anticline area could Montana. Coal-bed natural gas Wyoming basin and central Montana. be isolating the very small North Dakota extraction is the most recent This connectivity is expected to be lost population from sage-grouse development in the Powder River Basin, in the near future because of the populations in central Montana and the which also is the largest actively intensity of development in the region. northern Powder River Basin. producing coal basin in the United Sage-grouse populations have declined One hundred and thirty-six wells States (Wyoming Mining Association in the Powder River Basin by 79 percent were put into production in 2008–2009 2008, p. 2). since the development of coal-bed in major oil and gas fields of the In 2002, the BLM in Wyoming methane resources (Emmerich 2009, Williston Basin north of the Missouri proposed development of 39,367 coal- pers. comm.). In the Powder River Basin River in the range of the Northern bed methane wells and 3,200 between 2001 and 2005, sage-grouse lek- Montana sage-grouse population conventional oil or gas wells in the count indices declined by 82 percent (Montana Department of Natural Powder River Basin in addition to an inside gas fields compared to 12 percent Resources 2009, entire) including the existing 12,024 coal-bed methane wells outside development (Walker et al. Bowdoin Dome area. The Bowdoin drilled or permitted (BLM 2002, pp. 2- 2007a, p. 2648). By 2004–2005, fewer Dome area is populated by more than 3). Wells would be developed over a 10– leks remained active (38 percent) inside 1,500 gas wells with associated year period with production lasting gas fields compared to leks outside infrastructure, and an additional 1,200 until 2019 (BLM 2002, p. 3). The BLM fields (84 percent) (Walker et al. 2007a, new or replacement wells were estimated 82,073 ha (202,808 ac) of p. 2648). Sage-grouse are less likely to approved in the remaining occupied surface disturbance from all activities use suitable wintering habitat with active sage-grouse habitat (BLM 2008c, such as well pads, pipelines, roads, abundant sagebrush when coal-bed pp. 1, 3-127 to 3-129). Active drilling compressor stations, and water handling methane development is present operations are expected to occur over facilities over a 3.2-million-ha (8- (Doherty et al. 2008, p. 192). At current 10–15 years, and gas production is million-ac) project area (BLM 2002, p. maximum permitted well density (12 expected to extend the project life 30– 2). Roads and water handling facilities wells per 359 ha (888 ac)), planned full- 50 additional years (BLM 2008c, p. 1). were expected to be long-term field development will impact the The BLM’s project description does not disturbances encompassing remaining wintering habitat in the basin take into consideration the time period approximately 38,501 ha (95,140 ac) (Doherty et al. 2008, pp. 192, 194) and necessary to restore native sagebrush (BLM 2002, p. 3). Reclamation of well lead to extirpation. communities to suitability for sage- sites was expected to be complete by Energy development in the Powder grouse. Energy extraction, ranching, and 2022 (BLM 2002, p. 3). It is not clear if River Basin is predicted to continue to tillage agriculture coincide in this area this 2022 date takes into consideration actively reduce sage-grouse populations of the State described by Leu and the length of time necessary to achieve and sagebrush habitats over the next 20 Hanser (in press, p. 44) as experiencing suitable habitat conditions for sage- years based on the length of high-intensity human activity that is grouse or if restoration of sage-grouse development and production projects consistent with lek loss and population habitat is possible. described in existing project and decline (Wisdom et al., in press, p. 23). Between 1997 and 2007, management plans. The BLM concluded Energy development in Montana has approximately 35,000 producing wells that sage-grouse habitats would not be contributed to post-settlement sage-

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13945

grouse range contraction and possibly 2000. In 2006, the BLM issued a ROD press, p. 6). The effect of energy the geographic separation of the existing and EIS to extend the existing project to development on sage-grouse population subpopulations in northern Montana an additional 3,100 wells and up to numbers may then take 4 to 5 years to and Canada. Foreseeable development is 6,556 ha (16,200 ac) of new surface appear (Walker et al. 2007a, p. 2651). expected to further reduce the disturbance (BLM 2006, p. 2-4). In Copeland et al. (2009, p. 5) depicted an remaining sage-grouse habitat within addition, at least 64 well pads would be extensive development scenario for developed oil and gas fields, and situated per 259 ha (640 ac), and up to southwest Wyoming, northern Colorado, contribute to future range and 761 km (473 mi) of pipeline and roads, and northeastern Utah based on known population reductions (Copeland et al. 56 ha (140 ac) of additional disturbance reserves and existing project plans that 2009, p. 5). for ancillary facilities (p. 2-5) also indicates an intersection between future Southwestern and central Wyoming would occur. The project life of 76 years oil and gas development and high- and northwestern Colorado in MZ II has includes 13 years of development and density sage-grouse core areas that been considered a stronghold for sage- 63 years of production (BLM 2006, p. 2- could result in 6.3 to 24.1 percent grouse with some of the highest 15). The project description requires decrease in sage-grouse numbers over estimated densities of males anywhere reclamation of disturbed sites and the next 20 years in MZ II (Copeland in the remaining range of the species establishment of stabilizing vegetation 2010, pers. comm.). (Connelly et al. 2004, pp. 6-62, A5-23). by 1 year post-reclamation (BLM 2006, The Greater Green River area of Wisdom et al. (in press, p. 23) identified p. 2-24) and standard lease stipulations southwest Wyoming and the Uintah– this high-density sagebrush area as one to protect sage-grouse. This project is Piceance basin (discussed below) also of the highest priorities for conservation located in high-density sage-grouse are, in addition to oil and gas, important consideration as it comprises one of two habitat, but it is not clear from the reserves of oil shale and tar sands that remaining areas of contiguous range project description if suitable sage- are expected to supply more of the essential for the long-term persistence of grouse habitat is the reclamation goal. nation’s resource needs in the future the species. The Southwestern Therefore, sagebrush habitats, and the (EIA 2009b, p. 30). The Uintah–Piceance Wyoming geological basin also is associated sage-grouse are likely to be geologic basin includes the Colorado experiencing significant growth in lost. Plateau (MZ VII) and overlaps into the energy development which, based on Knick et al. (in press, pp. 49, 128) southern edge of the Wyoming Basin the conclusions of recent investigations reviewed BLM documents for the (MZ II). Sage-grouse in this part of the on the effects of oil and gas Greater Green River Basin area, which range are reduced to four small, isolated development, is expected over time to includes the Pinedale and Jonah populations, a likely consequence of reduce sage-grouse habitat, increase projects, and reported that 6,185 wells urban and agricultural development fragmentation, and decrease and isolate have been drilled, and there are agency (Knick et al., in press, pp. 106-107; Leu sage-grouse populations leading to plans for more than 9,300 wells and and Hanser, in press, p. 15). All four extirpations. associated infrastructure. Existing and populations are threatened by Oil, gas, and coal-bed methane planned energy development influences environmental, demographic, and development is occurring across MZ II, over 20 percent of the sagebrush area in genetic stochasticity due to their small and development is concentrated in the Wyoming Basin (MZ II) (Knick et al., population sizes as well as housing and some areas. Intensive development and in press, p. 133). Drilling, gas energy development, predation, disease, production is occurring in the Greater production, and traffic on main haul and conifer invasion (Garton et al., in Green River area in southwestern roads have all been shown to affect lek press, p. 7; Petch 2009, pers. comm.; Wyoming and northern Colorado and attendance and lek persistence when it Maxfield 2009, pers. comm.) although northeastern Utah. The BLM published coincides with breeding habitat within population data are limited for most of a ROD in 2000 for the Pinedale 3.2 km (2 mi) (Holloran 2005, p. 40; this area (Garton et al., in press, p. 63). Anticline Project Area in southwestern Walker et al. 2007a, p. 2651). Using Based on applying a 3 km (1.9 mi) Wyoming (BLM 2000, entire). The 2006 well point data and, therefore, a buffer to construction areas, Knick et al. project description included up to 900 conservative estimate as oil exploration (in press, p. 133) estimate existing drill pads, including dry holes, over a and development experienced energy development affects over 30 10- to 15–year development period significant growth between 2006 and percent of sagebrush habitats in this (BLM 2008d, p. 4-4). By the end of 2005, 2008, we calculated that 21 to 35 area. In the past 4 years, the number of approximately 457 wells on 322 well percent of active breeding habitat for oil and gas wells increased in sage- pads were under production (BLM subpopulations in the Southwest grouse habitats of northwestern 2008d, p. 6). In 2008, the BLM amended Wyoming geological basin may be Colorado and northeastern Utah by 325 the project to accommodate an negatively impacted by the proximity of and 870 wells, respectively (Service accelerated rate of development energy development (Service 2008b). 2008c). More than 1,370 wells were exceeding that in the 2002 project In the Greater Green River Basin area, completed in Uintah (location of the description (BLM 2008d, p. 4). yearling male sage-grouse reared near two Utah populations) and Duchesne Approximately 250 new well pads are gas field infrastructure had lower Counties of northeast Utah between July proposed in addition to pipelines and survival rates and were less likely to 2008 and August 2009 (Utah Oil and other facilities (BLM 2008d, p. 36). Total establish breeding territories than males Gas Program 2009, entire), and initial direct disturbance acres for the with less exposure to energy approximately 7,700 wells are active in entire Pinedale project are development; yearling female sage- the counties (Utah DNRC 2009, entire). approximately 10,400 ha (25,800 ac) grouse avoided nesting within 950 m We expect that the development of with more than 7,200 ha (18,000 ac) in (0.6 mi) of natural gas infrastructure energy resources will continue based on sagebrush land cover type (BLM 2008d, (Holloran et al., in press, p. 6). The available reserves and recent p. 4-52). fidelity of sage-grouse to natal sites may development history (Copeland et al. The Jonah Gas Infill Project also is result in birds staying in areas with 2009, p. 5), and development will underway in the Pinedale Anticline area development but they do not breed further stress the persistence of these of the Southwest Wyoming Basin that (Lyon and Anderson 2003, p. 49; Walker small populations at the southern edge expands on the Jonah Project started in et al. 2007a, p. 2651; Holloran et al., in of the sage-grouse range.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13946 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

Using GIS analysis, we calculated that is not reflected. Within 16.2 million ha 31; Knick et al. 2003, pp. 612, 619; Lyon 70 percent of the sage-grouse breeding (38 million ac) of sage-grouse breeding and Anderson 2003, pp. 489-490; habitat is potentially impacted by oil habitat in MZs I and II (where 65 Connelly et al. 2004, pp. 7-40 to 7-41; and gas development in the Powder percent of all sage-grouse reside), Holloran 2005, pp. 56-57; Holloran River Basin (Service 2008b). The 70 approximately 1.7 million ha (4.2 2007, pp. 18-19; Aldridge and Boyce percent figure was derived from well million ac) or 10 percent are within 0.4 2007, pp. 521-522; Walker et al. 2007a, point data supplied by the BLM, km (0.25 mi) of a producing well, pp. 2652-2653; Zou et al. 2006, pp. buffered by 3.2 km (2 mi), and drilling operation or site (Service 1039-1040; Doherty et al. 2008, p. 193; intersecting these areas with known lek 2008d). Walker et al. (2007a, p. 2651) Leu and Hanser, in press, p. 28). locations buffered to 6.4 km (4 mi). The reported negative impacts on lek The development of oil and gas 70 percent figure is conservative attendance of coal-bed methane resources requires surveys for because the most comprehensive well development within 0.8 km (0.5 mi) and economically recoverable reserves, point data set available was 2 years old 3.2 km (2 mi) of a lek, and Holloran construction of well pads and access and did not reflect the rapid (2005, pp. 57-60) observed that the roads, subsequent drilling and development that occurred in 2008. influence of producing well sites and extraction, and transport of oil and gas, Breeding habitat is defined as a 6.4-km mail haul roads on lek attendance typically through pipelines. Ancillary (4-mi) radius around known lek points extended to at least 3 km (2 mi). facilities can include compressor and includes the range of the average Expanding our analysis area from 0.4 stations, pumping stations, electrical distances between nests and nearest lek km (0.25 mi) to include breeding habitat generators, and powerlines (Connelly et (Autenrieth 1981, p. 18; Wakkinen et al. within 3 km (2 mi) of producing well or al. 2004, p. 7-39; BLM 2007c, p. 2-110). 1992, p. 2). drilling sites with an approved BLM Surveys for recoverable resources occur The effects of oil and gas permit, we determined that 40 percent primarily through seismic activities, development, as described in detail later of the sage-grouse breeding habitat in using vibroesis buggies (thumpers) or in this section, are likely to continue for MZs I and II is potentially affected by shothole explosives. Well pads vary in decades even with the current oil or gas development (Service 2008b). size from 0.10 ha (0.25 ac) for coal-bed protective or mitigative measures in In some cases, localized areas are natural gas wells in areas of level place. Based on a review of project EISs, experiencing higher levels of effects. topography to greater than 7 ha (17.3 ac) Connelly et al. (2004, p. 7-41) Seventy percent of the sage-grouse for deep gas wells and multiwell pads concluded that the economic life of a breeding habitat is within 3 km (2 mi) (Connelly et al. 2004, p. 7-39; BLM coal-bed methane well averages 12–18 of development in the Powder River 2007c, p. 2-123). Pads for compressor years and 20–100 years for deep oil and Basin of northeastern Wyoming and stations require 5–7 ha (12.4–17.3 ac) gas wells. A recent review of energy southeastern Montana (Service 2008b), (Connelly et al. 2004, p. 7-39). projects in development, primarily gas where Walker et al. (2007, p. 2651) Well densities and spacing are and coal-bed methane, supports these concluded that full-field development typically designed to maximize recovery timeframes (BLM 2008b, p. 4-2; 2008c, would reduce the probability of lek of the resource and are administered by p. 2; 2009b, p. 2). In addition, many persistence from 87 to 5 percent. Our State oil and gas agencies and the BLM, energy projects are tiered to the 20–year analyses show that subpopulations of the Federal agency charged with land use plans developed by individual sage-grouse in MZ II have up to 35 administering the nation’s Federal BLM field offices or districts to guide percent of breeding habitat within 3.2 mineral estate (Connelly et al. 2004 pp. development and other activities. km (2 mi) of development, and where 7-39 to 7-40). Well density on BLM- The BLM is the primary Federal data are available for populations in the administered lands is incorporated in agency managing the United States’ Uintah–Piceance Basin of Colorado and land use plans and often based on the energy resources and has the legal Utah, 100 percent of the breeding spacing decision of individual State oil authority to regulate and condition oil habitat is affected by oil and gas and gas boards. Each geologic basin has and gas leases and permits. Although development (Service 2008b). a standard spacing, but exemptions are the restrictive stipulations that BLM Additionally these calculations do not granted. Density of wells for current applies to permits and leases are take into account the added effects of major developments in the sage-grouse variable, a 0.4-km (0.25-mi) radius loss of habitat or habitat effectiveness range vary from 1 well per 2 ha (5ac) to around sage-grouse leks is generally resulting from the increasing level of 1 well per 64 ha (158 ac) (Knick et al., restricted to no surface occupancy renewable energy development or other in press, pp. 128). Greater sage-grouse (NSO) during the breeding season, and anthropogenic factors occurring in respond to the density and distribution noise and development activities are concert with oil and gas development, of infrastructure on the landscape. often limited during the breeding season such as agricultural tillage, urban Holloran (2005, pp. 38-39, 50) reported within a 0.8- to 3.2-km (0.5 to 2-mi) expansion, or predation, fire, and that male sage-grouse attendance at leks radius of sage-grouse leks. As stated invasives (see discussions under those decreased over 23 percent in gas fields above, the BLM’s NSO buffer stipulation headings). where well density was 5 or more is ineffective in protecting sage-grouse Energy development impacts sage- within 3 km (1.9 mi). Sage-grouse are (Walker et al. 2007a, p. 2651), and it is grouse and sagebrush habitats through less likely to occupy areas with wells at not applied or applicable to all direct habitat loss from well pad, access a 32 ha (80 ac) spacing than a 400 ha development sites (see discussion under construction, seismic surveys, roads, (988 ac) spacing (Doherty et al. 2008, p. Factor D). We estimated the sage-grouse powerlines, and pipeline corridors; 193). breeding habitat impacted within 0.4 indirectly from noise, gaseous Direct habitat loss from the human km (0.25 mi) of a producing well or emissions, changes in water availability footprint contributes to decreased drilling site with an approved BLM and quality, and human presence; and population numbers and distribution of permit using 2006 well-site locations the interaction and intensity of effects the greater sage-grouse (Knick et al. (the most comprehensive data available could cumulatively or individually lead 2003, p. 1; Connelly et al. 2004, p. 7-40; to us). Figures derived from the 2006 to fragmentation (Suter 1978, pp. 6-13; Aldridge et al. 2008, p. 983; Copeland data are conservative because the rapid Aldridge 1998, p. 12; Braun 1998, pp. et al. 2009, p. 6; Knick et al., in press, pace of development in 2007 and 2008 144-148; Aldridge and Brigham 2003, p. p. 60; Leu and Hanser, in press, p. 5).

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13947

The footprint of energy development simply due to the increased traffic many large field developments, the contributes to direct habitat loss from associated with oil and gas activities contamination threat is minimized by construction of well pads, roads, (Aldridge 1998, p. 14; BLM 2003, p. 4- storing water produced by the gas pipelines, powerlines, and through the 222). dehydration process in tanks. Water also crushing of vegetation during seismic Habitat fragmentation resulting from may be depleted from natural sources surveys. The amount of direct habitat oil and gas development infrastructure, for drilling or dust suppression loss within an area is ultimately including access roads, may have effects purposes. Concentrating wildlife and determined by well densities and the on sage-grouse greater than the domestic livestock may increase habitat associated loss from ancillary facilities. associated direct habitat losses. The degradation at remaining water sources. The ecological footprint is the Powder River Basin infrastructure Negative effects of changes in water extended effect of the infrastructure or footprint is relatively small (typically 6- quality, availability, and distribution are activity beyond its physical footprint 8 ha per 2.6 km2 (15-20 ac per section)). a reduction in habitat quality (e.g., and determined by a physical or Considering the mostly contiguous trampling of vegetation, changes in behavioral response of the sage-grouse. nature of the project area, the density of water filtration rates), and habitat The physical footprint of oil and gas facilities could affect sage-grouse degradation (e.g., poor vegetation infrastructure including pipelines is habitats on over 2.4 million ha (5.9 growth), which could result in brood estimated to be 5 million ha (1.2 million million ac). Energy development and habitat loss. However, we have no data ac) and less than 1 percent of the SGCA associated infrastructure works to suggest that this, by itself, is a (Knick et al., in press, p. 133). However, cumulatively with other human activity limiting factor to sage-grouse. the estimated ecological footprint is or development to decrease available Water produced by coal-bed methane more than 13.8 million ha (34.2 million habitat and increase fragmentation. drilling may benefit sage-grouse through ac) or 6.7 percent of the SGCA (Knick Walker et al. (2007, p. 2652) determined expansion of existing riparian areas and et al., in press, p. 133) based on that leks had the lowest probability of creation of new areas (BLM 2003, p. 4- applying a buffer zone to estimate persisting (40–50 percent) in a 223). These habitats could provide potential avoidance, increased mortality landscape with less than 30 percent additional brood rearing and summering risk, and lowered fecundity in the sagebrush within 6.4 km (4 mi) of the habitats for sage-grouse. However, the vicinity of development (Lyon and lek. These probabilities were even less increased surface-water on the Anderson 2003, p. 459; Walker et al. in landscapes where energy landscape may negatively impact sage- 2007a, p. 2651; Holloran et al. in press, development also was a factor. grouse populations by providing an p. 6). Based on their method, Knick et Noise can drive away wildlife, cause environment for disease vectors (Walker al. (in press, p. 133) estimated more physiological stress, and interfere with and Naugle in press, p. 13). Based on than 8 percent of sagebrush habitats auditory cues and intraspecific the 2002 discovery of WNv in the within the SGCA are affected by energy communication. Aldridge and Brigham Powder River Basin, and the resulting development. The MZs with (2003, p. 32) reported that, in the mortalities of sage-grouse (Naugle et al. concentrations of oil and gas absence of stipulations to minimize the 2004, p. 705), there is concern that development have a higher estimated effects of noise, mechanical activities at produced water could have a negative percentage of sagebrush habitats well sites may disrupt sage-grouse impact if it creates suitable breeding affected: 20 percent of the Great Plains breeding and nesting activities. Hens reservoirs for the mosquito vector of this (MZ I), 20 percent of the Wyoming bred on leks within 3 km (1.9 mi) of oil disease (see also discussion in Factor C, Basin (MZ II), and 29 percent of the and gas development in the upper Green Disease and Predation). Produced water Colorado Plateau (MZ VII) (Knick et al, River Basin of Wyoming selected nest also could result in direct habitat loss in press, p. 133). Copeland et al. (2009, sites with higher total shrub canopy through prolonged flooding of sagebrush p. 6) predict a scenario with a minimum cover and average live sagebrush height areas, or if the discharged water is of of 2.3 million additional ha (5.7 million than hens nesting away from poor quality because of high salt or ac) directly impacted by oil and gas disturbance (Lyon 2000, p. 109). The other mineral content, either of which development by the year 2030. The author hypothesized that exposure to could result in the loss of sagebrush or corresponding ecological footprint is road noise associated with oil and gas grasses and forbs necessary for foraging likely much larger. The projected drilling may have been one cause for the broods (BLM 2003, p. 4-223). increase in oil and gas energy difference in habitat selection. However, Air quality could be affected where development within the sage-grouse noise could not be separated from the combustion engine emissions, fugitive range could reduce the population by 7 potential effects of increased predation dust from road use and wind erosion, to 19 percent from today’s numbers resulting from the presence of a new natural gas-flaring, fugitive emissions (Copeland et al. 2009, p. 6). This road. In the Pinedale Anticline area of from production site equipment, and projection does not reflect the effects of southwest Wyoming, lek attendance other activities (BLM 2008d, p. 4-74) the increased development of renewable declined most noticeably downwind occur in sage-grouse habitats. energy sources. from a drilling rig indicating that noise Presumably, as with surface mining, Roads associated with oil and gas likely affected male presence (Holloran these emissions are quickly dispersed in development were suggested to be the 2005, p. 49). the windy, open conditions of sagebrush primary impact to greater sage-grouse Above-ground noise is typically not habitats (Moore and Mills 1977, p. 109), due to their persistence and continued regulated to mitigate effects to sage- minimizing the potential effects on sage- use even after drilling and production grouse or other wildlife (Connelly et al. grouse. However, high-density ceased (Lyon and Anderson 2003, p. 2004, p. 7-40). Ground shock from development could produce airborne 489). Declines in male lek attendance seismic activities may affect sage-grouse pollutants that reach or exceed quality were reported within 3 km (1.9 mi) of if it occurs during the lekking or nesting standards in localized areas for short a well or haul road with a traffic volume seasons (Moore and Mills 1977, p. 137). periods of time (BLM 2008d, pp. 4-82 to exceeding one vehicle per day (Holloran We are unaware of any research on the 4-88). Walker (2008, entire) 2005, p. 40; Walker et al. 2008a, p. impact of ground shock to sage-grouse. characterized emissions from well 2651). Sage-grouse also may be at Water quality and quantity may be flaring in the Pinedale Anticline area of increased risk for collision with vehicles affected by oil and gas development. In Sublette County, Wyoming. The

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13948 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

investigator suggested a comprehensive in the country are located in Wyoming’s Between 2006 and 2007, surface coal study be conducted by regulatory Powder River Basin (MZ I) (Wyoming production decreased 9 percent in agencies of the potential health effects Mining Association 2008, p. 2). A Colorado while increasing by 1.6 and of alkali elements in combusted well- preliminary estimate of at least 9.9 km2 4.4 percent in Wyoming (MZ I) and plume material (Walker 2008, entire). (3.8 mi2) of occupied sage-grouse habitat Montana (MZ I), respectively (EIA No information is available regarding will be directly impacted by new or 2008a, entire). The number of Wyoming the effects to sage-grouse of gaseous expanded mining operations, currently coal mines increased from 19 in 2005 to emissions produced by oil and gas in the planning phase, for coal in 23 in 2008 (Wyoming Mining development. Montana (MZ I) and Utah (MZ III), for Association 2005, p. 5). All of Increased human presence resulting phosphate in Idaho (MZ IV), and Wyoming’s 23 coal mines are in from oil and gas development can uranium in Nevada (MZ IV) and sagebrush and in the SGCA. Sixteen of impact sage-grouse either through Wyoming (MZs I and II) (Service 2008b). these mines are located in the Powder avoidance of suitable habitat, disruption Uranium mining and milling has River Basin (MZ I) where oil and gas of breeding activities, or increased occurred in Wyoming, Utah, and development is extensive (Wyoming hunting and poaching pressure (Braun Colorado, and Nevada within the greater Mining Association 2008, p. 2). et al. 2002, pp. 4-5; Aldridge and sage-grouse conservation area; however, Coal mining in Montana is focused in Brigham 2003, pp. 30-31; Aldridge and recent production has been very limited the Powder River Basin just north of the Boyce 2007, p. 518; Doherty et al. 2008, with only one operation in production Wyoming border, in sagebrush habitat. p. 194). Sage-grouse also may be at in Wyoming (EIA 2009c, entire). Tax In Wyoming and Montana, an estimated increased risk for collision with vehicles credits indicated in the 2005 Energy 558 km2 (215 mi2) of sagebrush habitats simply due to the increased traffic Policy Act and concerns for green-house have been disturbed by coal mines and associated with oil and gas activities gas emissions associated with fossil-fuel associated facilities; disturbance (BLM 2003, p. 4-216). electricity generation are expected to increased approximately 170 km2 (66 Negative effects of direct habitat increase nuclear power generation (EIA mi2) between 2005 and 2007 (Service disturbance can be offset by successful 2009b, p. 73) and stimulate the demand 2005, p. 75; Service 2008c; Wyoming reclamation. Reclamation of areas for uranium. Electricity supplied by Mining Association 2008, p. 7). disturbed by oil and gas development nuclear plants is expected to increase 2– Wyoming estimates that 275 km2 ha can be concurrent with field 55 percent by 2030; the increase is (106 mi2) of mine-disturbed land has development or conducted after the dependent on variables such as been reclaimed (Wyoming Mining shut-in or abandonment of the well or construction costs and regulatory Association 2008, p. 7), but we have no field. Sage-grouse may repopulate the mandates (EIA 2009b, p. 52), which are knowledge of the effectiveness of these area as disturbed areas are reclaimed. difficult to predict. In 2009, industry reclamation projects in providing However, there is no evidence that announced the intent to pursue functional sage-grouse habitat. populations will attain their previous development (Peninsula Minerals 2009, While western coal production has size, and reestablishment may take 20 to entire), and the Nuclear Regulatory grown steadily since 1970, growth is 30 years (Braun 1998, p. 144). For most Commission announced the review of predicted to increase through 2030, but developments, return to pre-disturbance numerous new uranium facilities in at a much slower rate than in the past population levels is not expected due to Wyoming (74 FR 41174, Uaugust 14, (EIA 2009b, p. 83). Coal production is a net loss and fragmentation of habitat 2009; 74 FR 45656, September 3, 2009). projected to increase with the (Braun et al. 2002, p. 150). After 20 Areas in central Wyoming and development of technology to reduce years, sage-grouse have not recovered to Wyoming’s Powder River Basin are sulfur emissions and most of the future pre-development numbers in Alberta, considered major reserves of uranium output of coal is expected from low- even though well pads in these areas coinciding with areas of high sage- sulfur coal mines in Wyoming, have been reclaimed (Braun et al. 2002, grouse population densities (Finch Montana, and North Dakota (EIA 2009b, pp. 4-5). In some reclaimed areas, sage- 1996, pp. 19-20; Wyoming State p. 83). We do not have information to grouse have not returned (Aldridge and Governor’s Sage-grouse Implementation quantify the footprint of future coal Brigham 2003, p. 31). Team 2008, entire). production; however, additional losses Bentonite mining has been conducted and deterioration of sage-grouse habitats Mining on over 85 km2 (33 mi2) in the Bighorn are expected where mining activity Mining began in the range of the sage- Basin of north-central Wyoming occurs (described later in this section). grouse before 1900 (State of Wyoming, (EDAW, Inc. and BLM 2008, p. 1). The use of coal may be reduced if 1898; U.S. Census 1913, p. 187) and Bentonite is a primary component of oil limitations on green-house gas continues today. Currently, surface and and gas drilling muds. The loss of emissions are enacted in the future. A subsurface mining activities for sagebrush associated with bentonite transition would require development of numerous resources are conducted in all mining has been intensive on a lower emission sources, such as wind, 11 States across the sage-grouse range. localized level and has contributed to solar, or nuclear, that may have their We do not have comprehensive altering 12 percent of the sagebrush own impacts on sage-grouse information on the number or surface habitats in the 2,173 km2 (839 mi2) environments. extent of mines across the range, but the Bighorn Basin (EDAW Inc., and BLM Surface and subsurface mining for development of mineral resources is 2008, p. 2). Restoration efforts at mine mineral resources (coal, uranium, occurring in sage-grouse habitats and is sites have been mostly unsuccessful copper, phosphate, aggregate, and important to the economies of a few of (EDAW, Inc. and BLM 2008, p. 1). The others) results in direct loss of habitat if the States. Nevada (MZs III, IV, and V) BLM foresees up to 89 additional km2 occurring in sagebrush habitats. The is ranked second in the United States in (34 mi2) to be disturbed by bentonite direct impact from surface mining is terms of value of overall nonfuel mining in the area through 2024, in usually greater than it is from mineral production in 2006 (USGS addition to possible oil and gas and subsurface activity. Habitat loss from 2006, p. 10). Wyoming (MZs I and II) is energy transmission disturbances both types of mining can be exacerbated the largest coal producer in the United (EDAW, Inc. and BLM 2008, p. 2; BLM by the storage of overburden (soil States, and the top ten producing mines 2009c, p. 5). removed to reach subsurface resource)

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13949

in otherwise undisturbed habitat. If the activity could mask vocalizations on the presence of viable habitat construction of mining infrastructure is resulting in reduced female attendance elsewhere in the region (Hayden-Wing necessary, additional direct loss of and yearling recruitment as seen in Associates 1983, p. 81). habitat could result from structures, sharp-tailed grouse (Pedioecetes As described above, mining directly staging areas, roads, railroad tracks, and phasianellus) (Amstrup and Phillips removes habitat, may interfere with powerlines. Sage-grouse and nests could 1977, pp. 23, 25-27). In this study, the auditory clues important to mate be directly affected by trampling or authors found that the mining noise in selection, and results in a decrease of vehicle collision. Sage-grouse also will the study area was continuous across males and inhibits yearling recruitment likely be impacted indirectly from an days and seasons and did not diminish at leks in proximity to mining activity. increase in human presence, land use as it traveled from its source. The Sage-grouse habitat reestablishment and practices, ground shock, noise, dust, mechanism of how noise affects sage- recovery of population numbers in an reduced air quality, degradation of grouse is not known, but it is known area post-disturbance is uncertain. water quality and quantity, and changes that sage-grouse depend on acoustical Similar avoidance of disturbance has in vegetation and topography (Moore signals to attract females to leks (Gibson been noted in recent investigations of and Mills 1977, entire; Brown and and Bradbury 1985, pp. 81-82; Gratson oil and gas development in Wyoming Clayton 2004, p. 2). 1993, pp. 693-694). Noise associated and discussed in detail in the An increase in human presence with oil and gas development may have Nonrenewable Energy section. The increases collision risk with vehicles played a factor in habitat selection and studies recounted here were conducted and potentially exposes sage-grouse and a decrease in lek attendance by sage- on a local scale that provides limited other wildlife to pathogens introduced grouse (Holloran 2005, pp. 49, 56). insight into impacts at a larger from septic systems and waste disposal A few scientific studies specifically landscape perspective. In Wyoming (Moore and Mills 1977, pp. 114-116, examine the effects of coal mining on specifically, the cumulative impacts of 135). Water contamination also could greater sage-grouse. In a study in North surface coal mine disturbance, occur from leaching of waste rock and Park, Colorado, overall sage-grouse concurrent increases in oil and gas overburden and nutrients from blasting population numbers were not reduced, development, increased development of chemicals and fertilizer (Moore and but there was a reduction in the number renewable energy resources (discussed Mills 1977, pp. 115, 133). Altering of of males attending leks within 2 km (0.8 in the following section), and water regimes could lead to decreased mi) of three coal mines, and existing transmission infrastructure surface water and eventual habitat leks failed to recruit yearling males development could have significant degradation from wildlife or livestock (Braun 1986, pp. 229-230; Remington impacts on sage-grouse in the Powder concentrating at remaining sources. and Braun 1991, pp. 131-132). New leks River Basin. The Powder River Basin is Sage-grouse do not require water other formed farther from mining disturbance home to an important regional than what they obtain from plant (Remington and Braun 1991, p. 131). population of the larger Wyoming Basin resources (Schroeder et al. 1999, p. 6); Additionally, some leks that were populations covering most of Wyoming, therefore, local water quality abandoned adjacent to mine areas were deterioration or dewatering is not reestablished when mining activities northwestern Colorado, and expected to have population-level ceased, suggesting disturbance rather northeastern Utah (Connelly et al. 2004, impacts. Degradation of riparian areas than habitat loss was the limiting factor pp. 6-62 to 6-63). could result in a loss of brood habitat. (Remington and Braun 1991, p.132). Renewable Energy Sources Mining and associated activities Hen survival did not decline in a creates an opportunity for invasion of population of sage-grouse near large The demand for electricity from exotic and noxious weed species that surface coal mines in northeast renewable energy sources is increasing. alter suitability for sage-grouse (Moore Wyoming, and nest success appeared Electricity production from renewable and Mills 1977, pp. 125, 129). not to be affected by adjacent mining sources increased from 6.4 quadrillion Reclamation is required by State and activity (Brown and Clayton 2004, p. 1). British thermal units (Btu) in 2005 to 6.9 Federal laws, but laws generally allow However, the authors concluded that quadrillion Btu in 2006. Production was for a change in post-mining land use. continued mining would result in down slightly in 2007, but energy Restoration of sagebrush is difficult to fragmentation and eventually impact production by renewables reached 7.3 achieve and disturbed sites may never sage-grouse persistence if adequate quadrillion Btu by the end of 2008 (EIA return to suitability for sage-grouse reclamation was not employed (Brown 2009d, entire). Wind, geothermal, solar (refer to Habitat Description and and Clayton 2004, p.16). and biomass are renewable energy Characteristics section). Surface coal mining and associated sources developable in sage-grouse Heavy equipment operations and use activities have negative short-term habitats. Large-scale hydropower of unpaved roads produces dust that can impacts on sage-grouse numbers and generation occurs in the sage-grouse interfere with plant photosynthesis and habitats near mines (Braun 1998, p. range in parts of Washington State. insect populations. Most large surface 143). Sage-grouse will reestablish on Conventional hydropower electrical mines are required to control dust. mined areas once mining has ceased, generation has actually decreased over Gaseous emissions generated from but there is no evidence that population the past 10 years (EIA 2009d, entire). In heavy equipment operation are quickly levels will reach their previous size, and general, growth of the renewable energy dispersed in open, windy areas typical any population reestablishment could industry is predictable based on of sagebrush (Moore and Mills 1977, take 20 to 30 years based on legislated mandates to achieve target p.109). Blasting, to remove overburden observations of disturbance in oil and levels of renewable-produced electricity or the target mineral, produces noise gas fields (Braun 1998, p. 144). Local in many States within the sage-grouse and ground shock. The full effect of sage-grouse populations could decline if range. ground shock on wildlife is unknown. several leks are affected by coal mining, Wind Repeated use of explosives during but the loss of one or two leks in a lekking activity could potentially result regional area was likely not limiting to Areas of commercially viable wind in lek or nest abandonment (Moore and local populations in the Caballo Rojo generation have been identified by the Mills 1977, p. 137). Noise from mining Mine in northeastern Wyoming based NREL (2008b, entire) and BLM (2005, p.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13950 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

2.4) in all 11 States in the greater sage- harvesting potentials are more potential include 59 percent of the grouse range. concentrated and geographically available sagebrush habitats in these MZs III through VII each have extensive in sage-grouse MZs I and II four States. Over 30 percent of the approximately 1 to 14 percent of that include parts of Montana, sagebrush lands in the sage-grouse range sagebrush habitats that are Wyoming, North Dakota, and South have high potential for wind power commercially developable for wind Dakota; areas of highest commercial (Table 8). energy (Service 2008e, entire). Wind

TABLE 8—AREA OF SAGEBRUSH HABITAT WITH WIND ENERGY DEVELOPMENT POTENTIAL, BY MANAGEMENT ZONE. (DATA FROM SERVICE 2008E)

Area of Sagebrush with Developable Wind Potential SAGE-GROUSE MZ km2 mi2 Percent of MZ

I 137,733 53,179 76.02

II 46,835 18,083 42.16

III 3,028 1,169 3.23

IV 12,952 5,001 9.05

V 5,532 2,136 8.27

VI 2,660 1,027 14.44

VII 199 77 1.10

TOTAL 208,939 80,672 33.02

Commercial viability is based on additional 5,381 km2 (2,077 mi2) of Executive Order (State of Wyoming wind intensity and consistency, lease requests were pending approval in 2008, entire). Although regulatory available markets and access to the sage-grouse range (Knick et al., in mechanisms are being developed for transmission facilities. Consequently, press, p. 136). Wyoming’s core areas (see regulatory current development is focused in areas A recent increase in wind energy mechanisms section below), they are with existing power transmission development is most notable within the still largely subject to the impacts of infrastructure associated with urban range of the south-central Wyoming both conventional and renewable energy development, preexisting conventional subpopulation of greater sage-grouse in development. Twenty-one percent of energy resource development (e.g., coal MZ II where 1,387 km2 (535 mi2) have Wyoming core areas have high wind and natural gas) and power generation. active wind leases and an additional development potential, and 51 percent Growth of wind power development is 2,828 km2 (1,092 mi2) are pending are subject to either wind or authorized expected to continue even in the current (Knick et al., in press, p. 136). The development of oil and gas leases economic climate (EIA 2009b, p. 3), south-central Wyoming subpopulation (Doherty et al., in press, p. 31). spurred by statutory mandates or has a loose association with adjacent In addition to Wyoming, southeastern financial incentives to use renewable populations where there is accelerated Oregon is a focus area for potential energy sources in all 11 States in the oil, gas, and coal development in the commercial-scale wind development. range (Association of Fish and Wildlife State – the Powder River Basin (MZ I) Currently, south-central and Agencies (AFWA) and Service 2007, pp. to the northeast and Pinedale-Jonah Gas southeastern Oregon have large areas of 7, 8, 14, 28, 30, 36, 39, 43, 46, 49, 52; Fields in the southwest Wyoming Basin relatively unfragmented sage-dominated State of Oregon 2008, entire). (MZ II) (Connelly et al. 2004, p. 6-62). landscapes which are important for Wind generating facilities have As stated previously, the Powder River maintaining long-term connectivity increased in size and number, outpacing Basin is home to an important regional between the sage-grouse populations development of other renewable sources population of the larger Wyoming Basin (Knick and Hanser, in press, pp. 1-2.). in the sage-grouse range. The BLM, the populations (Connelly et al. 2004, p. 6- Historically, central Oregon’s major land manager in the sage-grouse 62). The subpopulation in southwest population provided connectivity with range, developed programmatic Wyoming and northwest Colorado is a the Columbia Basin area through narrow guidance to facilitate the use of BLM stronghold for sage-grouse with some of habitat corridors (Connelly et al. 2004, land for wind development (BLM 2005a, the highest estimated densities of males p. 6-13). These connections have now entire). The BLM wind policy permits anywhere in the remaining range of the been lost, resulting in the isolation of granting private right-of-ways and species (Connelly et al. 2004, pp. 6-62, the northern extant population in leasing of public land for 3–year A5-23). The south-central Wyoming Washington. The Northern Great Basin monitoring and testing facilities and wind potential corridor is not only a ranks lowest of the MZs in the intensity long-term (30 to 35 years) commercial geographical bridge between two of the human footprint and consequent generating facilities (American Wind important population areas but is home effects (Leu and Hanser, in press, p. 25; Energy Association (AWEA) 2008, p. 4- to a large population of sage-grouse Wisdom et al., in press, p. 16), and this 24). Active leases for wind energy (Connelly et al. 2004, p. A5-22) and core could be contributing to the substantial development on BLM lands increased areas identified preliminarily as high connectivity that still exists between the from 9.7 km2 (3.7 mi2) in 2002 to 5,113 density breeding areas for sage-grouse Northern Great Basin, Snake River km2 (1,973 mi2) in 2008, and an by the Wyoming State Governor’s Plain, and the Southern Great Basin

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13951

Region populations (Knick and Hanser, al. 2001, entire) although reported Colorado law requires incremental in press, p. 1). The BLM is the major collision mortalities have been few. One increases of renewable generation from land manager in this part of the sage-grouse was found dead within 45 3 percent in 2007 to 20 percent by 2020 southeastern Oregon, with jurisdiction m (148 ft) of a turbine on the Foote (AFWA and Service 2007, p. 8). over 49,000 km2 (18,900 mi2) (BLM Creek Rim wind facility in south-central Financial incentives, including grants 2009d, entire) that include much of the Wyoming, presumably from flying into and tax breaks, encourage private scantily vegetated ridge tops prone to a turbine (Young et al. 2003, Appendix development of renewable sources. high and sustained wind. At this time, C, p. 61). This is the only known sage- Although development of renewables is most of the development activity is in grouse mortality at this facility during encouraged at a State level, siting the initial phase of meteorological site three years of monitoring. Sage-grouse authority for wind varies from State to investigation and involves little hens with broods have been observed State (AFWA and Service 2007, pp. 7, infrastructure (AWEA 2009, entire; BLM under turbines at Foote Creek Rim 8, 14, 28, 30, 36, 39, 43, 46, 49, 52; State 2009e). Many of these monitoring sites (Young 2004, pers. comm.). We have no of Oregon 2008, entire). For example, could be developed, considering the recent reports of sage-grouse mortality the State of Idaho provides tax projected demand for renewable energy, due to collision with a wind turbine; incentives and loan programs for contributing to fragmentation of this however, many facilities may not be renewable energy development, but relatively intact sagebrush landscape. monitored. No deaths of gallinaceous wind power is currently unregulated at Most published reports of the effects birds were reported in a comprehensive any level of government (AFWA and of wind development on birds focus on review of avian collisions and wind Service 2007, p. 14). The North Dakota the risks of collision with towers or farms in the United States; the authors Public Service Commission regulates turbine blades. No published research is hypothesized that the average tower siting of wind power facilities over 100 specific to the effects of wind farms on height and flight height of grouse, and megawatts using the Service’s interim the greater sage-grouse. However, the diurnal migration habitats of some birds voluntary guidelines (Service 2003, avoidance of human-made structures minimized the risk of collision (Johnson entire). such as powerlines and roads by sage- et al. 2000, pp. ii-iii; Erickson et al. Wyoming does not have a grouse and other prairie grouse is 2001, pp. 8, 11, 14, 15). requirement for increased reliance on documented (Holloran 2005, p. 1; Pruett Noise is produced by wind turbine renewable energy sources and no et al, in press, p. 6). Renewable energy mechanical operation (gear boxes, specific wind siting authority. However, facilities, including wind power, cooling fans) and airfoil interaction with large construction projects in the State typically require many of the same the atmosphere. No published studies are subject to approval by an Industrial features for construction and operation have focused specifically on the effects Siting Council (ISC) of the State as do nonrenewable energy resources. of wind power noise and greater sage- Department of Environmental Quality, Therefore, we anticipate that potential grouse. In studies conducted in oil and with the WGFD providing impacts from direct habitat losses, gas fields, noise may have played a recommendations for mitigating impacts habitat fragmentation through roads and factor in habitat selection and decrease to wildlife associated with development powerlines, noise, and increased human in lek attendance (Holloran 2005, pp. considered by the ISC. The ISC’s review presence (Connelly et al. 2004, pp. 7-40 49, 56). However, comparison between and approval of projects is subject to the to 7-41) will generally be similar to wind turbine and oil and gas operations Wyoming Governor’s executive order those already discussed for is difficult based on the character of (State of Wyoming 2008, entire) that is nonrenewable energy development. sound. Adjusting for manufacturer type intended to prevent harmful effects to Wind farm development begins with and atmospheric conditions, the audible sage-grouse from development or new site monitoring and collection of operating sound of a single wind turbine land uses in designated core areas. meteorological data to accurately has been calculated as the same level as Wind developers in Wyoming characterize the wind regime. Turbines conversational speech at 1 m (3 ft) at a understand that most proposed wind are installed after the meteorological distance of 600 m (2,000 ft) from the developments regardless of locale must data indicate the appropriate siting and turbine. This level is typical of be approved by the ISC and that spacing. Roads are necessary to access background levels of a rural development proposed in core areas is the turbine sites for installation and environment (BLM 2005a, p. 5-24). unlikely to be permitted by the ISC due maintenance. Each turbine unit has an However, commercial wind farms do to the Governor’s Executive Order (see estimated footprint of 0.4 to 1.2 ha (1 to not have a single turbine, and multiple discussion in Factor D below). 3 ac) (BLM 2005a, pp. 3.1-3.4). One or turbines over a large area would likely The BLM manages more land areas of more substations may be constructed have a much larger noise print. Low- high wind resource potential than any depending on the size of the farm. frequency vibrations created by rotating other land management agency. In 2005, Substation footprints are 2 ha (5 ac) or blades produce annoyance responses in the BLM completed the Wind Energy less in size (BLM 2005a, p. 3.7). humans (van den Berg 2003, p. 1), but Final Programmatic EIS that provides an The average footprint of a turbine unit the specific effect on birds is not overarching guidance for wind project is relatively small from a landscape documented. development on BLM-administered perspective. Turbines require careful Moving blades of turbines cast lands (BLM 2005a, entire). Best placement within a field to avoid loss of moving shadows that cause a flickering management practices (BMPs) are output from interference with effect producing a phenomenon called prescribed to minimize impacts of all neighboring turbines. Spacing improves ‘‘shadow flicker’’ (AWEA 2008, p. 5-33). phases of construction and operation of efficiency but expands the overall Hypothetically, shadow flicker could a wind production facility. The BMPs footprint of the field. Sage-grouse mimic predator shadows and elicit an guide future project planning and do not populations are impacted by the direct avoidance response in birds during guarantee protections specific to sage- loss of habitat, primarily from daylight hours, but this potential effect grouse. We do not have information on construction of access roads as well as has not been investigated. how or where the EIS guidance has been indirect loss of habitat due to avoidance. Since 2005, states have required an applied since 2005 and cannot evaluate Sage-grouse could be killed by flying increasing amount of energy to come its effectiveness. The footprint of wind into turbine rotors or towers (Erickson et from renewable sources. For example, energy developments is reported to be

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13952 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

small (BLM 2005a, p. 5-2). The BLM reducing green-house emissions and the The DOE predicts that wind may indicates that approximately 600 km2 institution of State renewable energy provide a significant portion of the (232 mi2) of BLM-administered lands mandates and incentives that have nation’s energy needs by the year 2030, are likely to be developed in nine States occurred since 2005. and substantial growth of wind within the sage-grouse’s range before Wind development is guided by developments will be required (DOE 2025 (BLM 2005a, pp. ES-8, 5-2). It is policy at BLM national and State levels 2008, p. 1). In mid-2009, wind energy estimated that only 5 to 10 percent of a that generally offers only guidance to production facilities in the sage-grouse development will have a long-term avoid impacts to sage-grouse and range in operation or under construction disturbance that remains on the habitats. A 2008 BLM Instruction Memo had a capacity of 11.93 gigawatts landscape for at least as long as the IM 2009-43 (BLM 2008e, p. 2) (AWEA 2009, entire) (Table 9). To generating facility is viable (i.e., roads, emphasizes the use of the Service’s 2003 achieve predicted levels of 49 to greater foundations, substation, fencing) (BLM interim guidelines as voluntary and to than 90 gigawatts capacity (DOE 2008, 2005a, p. 5-2). However, this estimate be used only on a general basis in siting, p. 10), the generation capacity will need does not account for sage-grouse design, and monitoring decisions. The to increase by 400 to 800 percent by avoidance of developed areas and could BLM’s Oregon State Office Instruction 2030. Existing commercial wind be an underestimation of indirect Memorandum OR-2008-014 (BLM turbines range from 1-2 megawatt effects. Based on what we know of oil 2007d, entire) is explicit in the generating capacity (AWEA 2009, and gas development (previously placement of meteorological test towers entire). The forecasted increase in described), the impact of structures, to avoid active leks, seasonal production would require noise and human activity can reach far concentrations, and collision; IM OR- approximately 37,000 to 78,000 or more beyond the point of origin and 2009-038 (BLM 2009f, entire) reduces turbines based on the existing contribute cumulatively to other the ODFW’s recommended buffer technology and equipment in use. human-made and natural disturbances distance for wind farms and applies Assuming a generation capacity of 5 that fragment and decrease the quality only guidelines for avoidance of sage- megawatts per km2 (0.4 mi2) density, of sage-grouse habitats. The BLM’s grouse leks and seasonal habitats. Copeland et al. (2009, p. 1) estimated an determination of the quantity of lands Wind energy resources are found additional 50,000 km2 (19,305 mi2) of potentially impacted by wind energy throughout the range of the greater sage- land in the sage-grouse range would be development could be extremely grouse, and growth of wind power required to meet the predicted level of conservative considering the interest in development is expected to continue. wind-generated electricity by 2030.

TABLE 9— WIND ENERGY DEVELOPMENT IN THE GREATER SAGE-GROUSE RANGE, 2009–2030.

STATE MZ Existing Capacity 2009* (gigawatts) Forecasted Capacity in 2030 (gigawatts)**

North Dakota I 1.2 1 to 5

South Dakota I 0.31 5 to 10

Montana I 0.17 5 to 10

Wyoming I, II 1.3 10 plus

Utah II, III, IV, VII 0.4 1 to 5

Idaho IV 0.15 1 to 5

Nevada III, IV, V 0 5 to 10

California III, V 2.8 10 plus

Oregon IV, V 2.2 5 to 10

Washington VI 2.2 5 to 10

Colorado II, VII 1.2 1 to 5

Total 11.93 49 to 90 plus *Includes completed and under construction, Source: American Wind Energy Assn. (2009, entire). ** Source: DOE (2008, p. 10). (1000 megawatt = 1 gigawatt)

States such as Nevada and Montana conventional and nonconventional developments have the potential to that have not been tapped for extensive renewable sources may claim a reduce the size of sagebrush habitats wind power development are likely to substantial toll on sage-grouse habitats directly, degrade habitats with invasive experience significant new energy and geographic areas that were in the species, provide pathways for development within the next 20 years past considered refugia for the species. synanthropic predators (i.e., predators (Table 9). In Wyoming, where wind As with oil and gas development, the that live near and benefit from an development is advancing and average footprint of a turbine unit is association with humans), and predicted to increase by 10 fold or more relatively small from a landscape cumulatively contribute to habitat (Table 9), the effects of both perspective, but the effects of large-scale fragmentation.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13953

Other Renewable Energy Sources extended to analyze the effects of habitat and indirect disturbance. Direct Hydropower development can cause concentrating large-scale development habitat loss occurs from well pads, direct habitat losses and possibly an in selected geographic areas including structures, roads, pipelines and increase in human recreational activity. sage-grouse habitats in east-central transmission lines, and impacts would Reservoirs created concurrently with Nevada and southern Utah (BLM 2009h, be similar to those described previously power generation structures inundated entire) because of the considerable for oil and gas development. The development of geothermal large areas of riparian habitats used by administrative and public interest in energy requires intensive human sage-grouse broods (Braun 1998, p. 144). developing public lands for solar- activity during field development and Reservoirs and the availability of generated electricity (BLM 2009i, operation. Geothermal plants could be irrigation water precipitated conversion entire). At this time, we do not have in remote areas necessitating housing of large expanses of upland shrub- enough information available to construction, transportation, and utility steppe habitat in the Columbia Basin evaluate the scale of future impacts of solar power generation in sage-grouse infrastructure for employees and their adjacent to the rivers (65 FR 51578, habitats. We will continue to evaluate families (Suter 1978, p. 12). Geothermal August 24, 2000). We were unable to and monitor the impacts of solar power development could cause toxic gas find any information regarding the development in sage-grouse habitats as release; the type and effect of these amount of sage-grouse habitat affected more information becomes available. gases depends on the geological by hydropower projects in other areas of We are not aware of any investigations formation in which drilling occurs the species’ range beyond the Columbia reporting the impacts of solar generating (Suter 1978, pp. 7-9). The amount of Basin. No new large-scale facilities have facilities on sage-grouse or other water necessary for drilling and been constructed and hydropower gallinaceous birds. Commercial solar condenser cooling may be high. Local electricity generation has decreased generation could produce direct habitat water depletions may be a concern if steadily over the past 10 years (EIA loss (i.e., solar fields completely such depletions result in the loss of 2009d, entire). We do not anticipate that eliminate habitat), fragmentation, roads, brood-rearing habitat. future dam construction will result in powerlines, increased human presence, The BLM has the authority to lease large losses of sagebrush habitats. and disturbance during facility geothermal resources in 11 western Solar-powered electricity generation construction with similar effects to sage- States. A programmatic EIS for is increasing. Between 2005 and the end grouse as reported with oil and gas geothermal leasing and operations was of 2008, solar electricity generation development. completed in 2008 (BLM and USFS increased from the equivalent of 66 Geothermal energy production has 2008a, entire). Best management trillion Btu to 83 trillion Btu (EIA remained steady since 2005 (EIA 2009d, practices for minimizing the effects of 2009d, entire). Solar-generating systems entire). Geothermal facilities are within geothermal development and operations have been used on a small scale to the sage-grouse range in California (3 on sage-grouse are guidance only and power individual buildings, small plants, MZ III), Nevada (5 plants, MZs are general in nature (BLM and USFS complexes, remote facilities, and signs. III and V), Utah (2 plants, MZ III), and 2008a, pp. 4.82-4.83). The EIS’ Solar energy infrastructure is often Idaho (1 plant, MZ IV). Since 2005, two reasonably foreseeable development ancillary to other development, and additional plants were constructed is in scenario predicts that Nevada will large-scale solar-generating systems current sage-grouse range – one in Idaho experience the greatest increase in have not contributed to any calculable and one in Utah (Geothermal Energy geothermal growth–doubling the direct habitat loss for sage-grouse, but Association 2008, pp. 2-7). One existing production of electricity from this may change as more systems come geothermal plant in southern Utah is in geothermal sources by 2025 (BLM and on line for commercial electricity the vicinity of sage-grouse habitat in an USFS 2008, p. 2-35). Currently, generation. Solar energy systems area where wind power is being approximately 1,800 km2 (694 mi2) of require, depending on local conditions, considered for development (First active geothermal leases exist on public 1.6 ha (4 ac) to produce 1 megawatt of Wind-Milford 2009, entire), which will lands primarily in the Southern (MZ IV) electricity. For example, the 162-ha result in cumulative impacts. and Northern Great Basin (MZ III) and (400-ac) Nevada Solar One, the third Geothermal potential occurs across the 1,138 km2 (439 mi2) of leases are largest solar electricity producer in the sage-grouse range in States with existing pending (Knick et al., in press, p. 138). world, has a maximum potential of 75 development and southeast Oregon, Energy production from biomass megawatts from a 121-ha (300-ac) solar west-central Wyoming, and north- sources has increased every year since field (nevadasolarone.com 2008, entire). central Colorado (EIA 2009e, entire). 2005 (EIA 2009d, entire). Wood has No commercial solar plants are Geothermal energy production is been a primary biomass source, but corn operating in sage-grouse habitats at this similar to oil and gas development such ethanol and biofuels produced from time. Southern and eastern Nevada, the that it requires surface exploration, cultivated crops are on the increase (EIA Pinedale area of Wyoming, and east- exploratory drilling, field development, 2008b, entire). Currently, wood central Utah are the areas of the sage- and plant construction and operation. products and corn production do not grouse range with good potential for Wells are drilled to access the thermal occur in the range of the sage-grouse in commercial solar development (EIA source and could take from 3 weeks to significant quantities (Curtis 2008, p. 7). 2009e, entire). There are a total of 196 2 months of continuous drilling (Suter The National Renewable Energy ha (484 ac) of active solar leases on BLM 1978, p. 3), which may cause Laboratory cites potentials for property in northern California (MZ IV) disturbance to sage-grouse. The ultimate agricultural biomass resources in and central Wyoming (MZ II) (BLM number of wells, and therefore potential northern Montana (MZ I), southern 2009g, map) in sagebrush habitats loss of habitat, depends on the thermal Idaho (MZ IV), eastern Washington (MZ within the current sage-grouse range output of the well and expected VI), eastern Oregon MZ IV), northwest and these leases will likely be production of the plant (Suter 1978, p. Nevada (MZ V), and southeast Wyoming developed. The BLM is developing a 3). Pipelines are needed to carry steam (MZ II) (NREL 2005, entire). Conversion programmatic EIS for leasing and or superheated liquids to the generating from native sod to agriculture for the development of solar energy on BLM plant which is similar in size to a coal- purpose of biomass production could lands. The EIS planning period has been or gas-fired plant, resulting in further result in a loss of sage-grouse habitat on

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13954 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

private lands. The 2007 Energy deterioration through the introduction 2007a, p. 2651). Energy development, Independence and Security Act of nonnative plant species, and particularly high density development, mandated incremental production and additional fragmentation of habitat. will continue to threaten sage-grouse use through the year 2022 of advanced populations, specifically in the MZs I Summary: Energy Development biofuel, cellulosic biofuel, and biomass- and II, which contain the greatest based diesel (P.L. 110-140, section 203) Energy development is a significant numbers of birds throughout their range. and could provide an incentive to risk to the greater sage-grouse in the Development of commercially viable convert native sod or expired CRP lands eastern portion of its range (Montana, renewable energy–wind, solar, to biomass crops. The effects on sage- Wyoming, Colorado, and northeastern geothermal, biomass–is rapidly grouse will depend on amount and Utah – MZs I, II, VII and the increasing rangewide with a focus in location of sagebrush habitats northeastern part of MZ III), with the some areas already experiencing developed. The effects of agriculture are primary concern being the direct effects significant traditional energy discussed in habitat conversion section of energy development on the long-term development (e.g., MZs I and II). The above. viability of greater sage-grouse by effects of renewable energy eliminating habitat, leks, and whole development are likely similar to those Transmission Corridors populations and fragmenting some of of nonrenewable energy as similar types Section 368(a) of the Energy Policy the last remaining large expanses of of infrastructure are required. Based on Act of 2005 (42 U.S.C. 15926) directs habitat necessary for the species’ our review of the literature, we Federal land management agencies to persistence. The intensity of energy anticipate the impacts of these designate corridors on Federal land in development is cyclic and based on developments will negatively affect the 11 western States for oil, gas and many factors including energy demand, ability of greater sage-grouse to persist hydrogen pipelines and electricity market prices, and geopolitical in those areas in the foreseeable future. transmission and distribution facilities uncertainties. However, continued (energy transport corridors). The exploration and development of Climate Change agencies completed a programmatic EIS traditional and nonconventional fossil The Intergovernmental Panel on (DOE et al. 2008, entire) to address the fuel sources in the eastern portion of the Climate Change (IPCC) has concluded environmental impacts of corridors on greater sage-grouse range is predicted to that warming of the climate is Federal lands. The proposed action calls continue to increase over the next 20 unequivocal, and that continued for designating more than 9,600 km years (EIA 2009b, p. 109). Greater sage- greenhouse gas emissions at or above (6,000 mi) with an average width of 1 grouse populations are predicted to current rates will cause further warming km (0.6 mi) of energy corridors across decline 7 to 19 percent over the next 20 (IPCC 2007, p. 30). Eleven of the 12 the western United States (DOE et al. years due to the effects of oil and gas years from 1995 through 2006 rank 2008, p. S-17). The designated corridors development in the eastern part of the among the 12 warmest years in the on Federal lands will tie in to corridors range (Copeland et al. 2009, p. 4); this instrumental record of global surface on private lands and lands in other decline is in addition to the 45 to 80 temperature since 1850 (ISAB 2007). governmental jurisdictions. Some of the percent decline that is estimated to have Climate-change scenarios estimate that areas proposed for designation are already occurred range wide (Copeland the mean air temperature could increase currently used for transmission. Federal et al. 2009, p. 4). by over 3°C (5.4°F) by 2100 (IPCC 2007, lands newly incorporated into Development of commercially viable p. 46). The IPCC also projects that there transportation or utility rights-of-way renewable energy—wind, solar, will very likely be regional increases in are mostly BLM lands in California (185 geothermal, biomass—is increasing the frequency of hot extremes, heat km, 115 mi), Colorado (97 km, 60 mi), across the range with focus in some waves, and heavy precipitation (IPCC Idaho (303 km, 188 mi), Montana (254 areas already experiencing traditional 2007, p. 46), as well as increases in km, 158 mi), Nevada (810 km, 503 mi), energy development (EIA 2009b, pp. 3- atmospheric carbon dioxide (IPCC 2007, Oregon (418 km, 260 mi), Washington 4; AWEA 2009a, entire). In Wyoming, p. 36). (no additional land), Utah (356 km, 221 where wind development is advancing We recognize that there are scientific mi), and Wyoming (198 km, 123 mi) and predicted to increase by 10-fold differences of opinion on many aspects (DOE et al. 2008, p. S-18). (DOE 2008, p. 10), the effects of both of climate change, including the role of It is uncertain how much of the conventional and nonconventional and natural variability in climate. In our proposed corridors are in sagebrush renewable sources may claim a analysis, we rely primarily on synthesis habitat within the distribution area of substantial toll on sage-grouse habitats documents (e.g., IPCC 2007; Global sage-grouse, but based on the proposed and geographic areas that were in the Climate Change Impacts in the United location, habitat in Wyoming (MZ II), past considered refugia for the species. States 2009) that present the consensus Idaho (MZ IV), Utah (MZ III), Nevada Renewable energy resources are likely to view of a very large number of experts (MZ III) and Oregon (MZs III and IV) be developed in areas previously on climate change from around the would be most affected. The purpose of untouched by traditional energy world. We have found that these the corridor designation is to serve a development. Wind energy resources synthesis reports, as well as the role in expediting applications to are being investigated in south-central scientific papers used in those reports or construct or modify oil, gas, and and southeastern Oregon where large resulting from those reports, represent hydrogen pipelines and electricity areas of relatively unfragmented sage- the best available scientific information transmission and distribution. These dominated landscapes are important for we can use to inform our decision and designated areas will likely facilitate the maintaining long-term connectivity have relied upon them and provided development of novel renewable and within the sage-grouse populations citation within our analysis. In addition, nonrenewable electricity generating (Knick and Hanser in press, pp. 1-2.). where possible we have used facilities on public and private lands. Greater sage-grouse populations are projections specific to the region of Sage-grouse could be impacted through negatively affected by energy interest, the western United States and a direct loss of habitat, human activity development activities, even when southern Canada, which includes the (especially during construction periods), mitigative measures are implemented range of the greater sage-grouse. We also increased predation, habitat (Holloran 2005, pp. 57-60; Walker et al. use projections of the effects of climate

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13955

change to sagebrush where appropriate, grouse populations currently exist (Blank et al. 2006, pp. 231, 234). These while acknowledging that the (Miller et al. in press, p. 44). Such responses to increasing carbon dioxide uncertainty of climate change effects encroachment of woody vegetation may have increased the flammability in increases as one applies those potential degrades sage-grouse habitat (see Factor B. tectorum communities during the effects to a habitat variable like A, Invasive plants). past century (Ziska et al. 2005, as cited sagebrush, and then increases again Temperature and precipitation both in Zouhar et al. 2008, p. 30; Blank et al. when the impacts to the habitat variable directly influence potential for West 2006, p. 234). are applied to the species. Nile virus (WNv) transmission (Walker Field studies likewise demonstrate Projected climate change and its and Naugle in press, p. 12). In sage- that Bromus species demonstrate associated consequences have the grouse, WNv outbreaks appear to be significantly higher plant density, potential to affect greater sage-grouse most severe in years with higher biomass, and seed rain (dispersed seeds) and may increase its risk of extinction, summer temperatures (Walker and at elevated carbon dioxide levels as the impacts of climate change interact Naugle in press, p. 13) and under relative to native annuals (Smith et al. with other stressors such as disease, and drought conditions (Epstein and 2000, pp. 79-81). The researchers habitat degradation and loss that are Defilippo, p. 105). This relationship is conclude that ‘‘the results from this already affecting the species (Walker due to the breeding cycle of the WNv study confirm experimentally in an and Naugle, in press, entire; Global vector, Culex tarsalis being highly intact ecosystem that elevated carbon Climate Change Impacts in the United dependent on warm water temperature dioxide may enhance the invasive States 2009, p. 81; Miller et al. in press, for mosquito activity and virus success of Bromus spp. in arid pp. 46-50). In the Pacific Northwest, amplification (Walker and Naugle in ecosystems,’’ and suggest that this regionally averaged temperatures have press, p. 12; see discussion under enhanced success will then expose risen 0.8 degrees Celsius (1.5 degrees Disease and Predation below). these areas to accelerated fire cycles Fahrenheit) over the last century (as Therefore, the higher summer (Smith et al. 2000, p. 81). Chambers and much as 2 degrees Celsius (4 degrees temperatures and more frequent or Pellant (2008, p. 32) also suggest that Fahrenheit) in some areas), and are severe drought or both, that are likely higher carbon dioxide levels are likely projected to increase by another 1.5 to under current climate change increasing B. tectorum fuel loads due to 5.5 degrees Celsius (3 to 10 degrees projections, make more severe WNv increased productivity, with a resulting Fahrenheit) over the next 100 years outbreaks likely in low-elevation sage- increase in fire frequency and extent. (Mote et al. 2003, p. 54; Global Climate grouse habitats where WNv is already Based on the best available information, Change Impacts in the United States endemic, and also make WNv outbreaks we expect the current and predicted 2009, p. 135). Arid regions such as the possible in higher elevation sage-grouse atmospheric carbon dioxide levels to Great Basin where greater sage-grouse habitats that to date have been WNv-free increase the threat posed to greater sage- occurs are likely to become hotter and due to relatively cold conditions. grouse by B. tectorum and from more drier; fire frequency is expected to Emissions of carbon dioxide, frequent, expansive, both in sage-grouse accelerate, and fires may become larger considered to be the most important habitat degradation (functional and more severe (Brown et al. 2004, pp. anthropogenic greenhouse gas, fragmentation) and severe wildfires 382-383; Neilson et al. 2005, p. 150; increased by approximately 80 percent (Smith et al. 1987, p. 143; Smith et al. Chambers and Pellant 2008, p. 31; between 1970 and 2004 due to human 2000, p. 81; Brown et al. 2004, p. 384; Global Climate Change Impacts in the activities (IPCC 2007, p. 36). Future Neilson et al. 2005, pp. 150, 156; United States 2009, p. 83). carbon dioxide emissions from energy Chambers and Pellant 2008, pp. 31-32). Climate changes such as shifts in use are projected to increase by 40 to Therefore, beyond the potential changes timing and amount of precipitation, and 110 percent over the next few decades, associated with temperature and changes in seasonal high and low between 2000 and 2030 (IPCC 2007, p. precipitation, increases in carbon temperatures, as well as average 44). An increase in the atmospheric dioxide concentrations represent a temperatures, may alter distributions of concentration of carbon dioxide has threat to the sagebrush biome and an individual species and ecosystems important implications for greater sage- indirect threat to sage-grouse through significantly (Bachelet et al. 2001, grouse, beyond those associated with habitat degradation and loss (Miller et p174). Under projected future warming temperatures, because higher al. in press, p. 45), with the combined temperature conditions, the cover of concentrations of carbon dioxide are effects of higher temperatures and sagebrush within the distribution of favorable for the growth and carbon dioxide concentrations leading sage-grouse is anticipated to be reduced productivity of Bromus tectorum (Smith to a loss of 12 percent of the current area (Neilson et al. 2005, p. 154; Miller et al. et al. 1987, p. 142; Smith et al. 2000, p. of sagebrush per degree Celsius of in press, p. 45). Warmer temperatures 81). Although most plants respond temperature increase, or from 34 to 80 and greater concentrations of positively to increased carbon dioxide percent of sagebrush distribution atmospheric carbon dioxide create levels, many invasive nonnative plants depending on the emissions scenario conditions favorable to Bromus respond with greater growth rates than used (Nielson et al. 2005, p. 6, 10; Miller tectorum, as described above, thus native plants, including B. tectorum et al. in press, p. 45). continuing the positive feedback cycle (Smith et al. 1987, p. 142; Smith et al. Bradley (2009, pp. 196-208) and between the invasive annual grass and 2000, p. 81; Global Climate Change Bradley et al. (2009, pp. 1-11) predict fire frequency that poses a significant Impacts in the United States 2009, p. that nonnative invasive species in the threat to greater sage-grouse (Chambers 83). Laboratory research results sagebrush-steppe ecosystem may either and Pellant 2008, p. 32; Global Climate illustrated that B. tectorum grown at expand or contract under climate Change Impacts in the United States carbon dioxide levels representative of change, depending on the current and 2009, p. 83). Fewer frost-free days also current climatic conditions matured projected future range of a particular may favor frost-sensitive woodland more quickly, produced more seed and invasive plant species. They developed vegetation of Sonoran and Chihuahuan greater biomass, and produced a bioclimatic model for B. tectorum deserts, which may expand, potentially significantly more heat per unit biomass based on maps of invaded range derived encroaching on the sagebrush biome in when burned than B. tectorum grown at from remote sensing. The best the southern Great Basin where sage- ‘‘pre-industrial’’ carbon dioxide levels predictors of B. tectorum occurrence

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13956 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

were summer, annual, and spring that increases in fire frequency under stage of the plant, generation time of the precipitation, followed by winter the simulated climate projections would plant and its reaction to changing CO2 temperature (Bradley et al., 2009, p. 5). leave big sagebrush more vulnerable to levels). Depending primarily on future fire impacts. In some cases, effects of climate precipitation conditions, the model Shafer et al. (2001, pp. 213) explicitly change can be demonstrated (e.g., predicts B. tectorum is likely to shift state that their approach should not be McLaughlin et al. 2002) and where it northwards, leading to expanded risk of used to predict the future range of a can be, we rely on that empirical B. tectorum invasion in Idaho, Montana, species, and that the underlying evidence, such as increased stream and Wyoming, but reduced risk of assumptions of the models they used are temperatures (see Rio Grande cutthroat invasion in southern Nevada and Utah, ‘‘unsatisfying’’ because they presume a trout, 73 FR 27900), or loss of sea ice which currently have large areas direct causal relationship between the (see polar bear, 73 FR 28212), and treat dominated by this nonnative grass distribution of a species and particular it as a threat that can be analyzed. (Bradley et al., 2009, p. 5). Therefore, environmental variables. Shafer et al. However, we have no such data relating the threat posed to greater sage-grouse (2001, pp. 207, 213) identify cautions to greater sage-grouse. Application of by the greater frequency and geographic similar to Bradley et al. (in press, pp. continental scale climate change models extent of wildfires and other associated 205) regarding their models. A variety of to regional landscapes, and even more negative impacts from the presence of B. factors are not included in climate local or ‘‘step-down’’ models projecting tectorum is expected to continue into models, including: the effect of elevated habitat potential based on climatic the foreseeable future. Bradley (2009, CO2 on the species’ water-use factors, while informative, contain a pp. 205) stated that the bioclimatic efficiency, what really is the high level of uncertainty due to a variety model she used is an initial step in physiological effect of exceeding the of factors including: regional weather assessing the potential geographic assumed (modeled) bioclimatic limit on patterns, local physiographic extent of B. tectorum, because climate the species, the life stage at which the conditions, life stages of individual conditions only affect invasion on the limit affects the species (seedling versus species, generation time of species, and broadest regional scale. Other factors adult), the life span of the species, and species reactions to changing CO2 relating to land use, soils, competition, the movement of other organisms into levels. The models summarized above or topography may affect suitability of a the species range (Shafer et al., 2001, are limited by these types of factors; given location. Bradley (2009, entire) pp. 207). These variables would likely therefore, their usefulness in assessing concludes that the potential for climate help determine how climate change the threat of climate change on greater to shift away from suitability for B. would affect species distributions. sage-grouse also is limited. Shafer et al. (2001, pp. 213) concludes tectorum in the future may offer an Summary: Climate Change opportunity for restoration of the that while more empirical studies are needed on what determines a species The direct, long-term impact from sagebrush biome in this area. We climate change to greater sage-grouse is anticipate that areas that become and multi-species distributions, those data are often lacking; in their absence yet to be determined. However, as unsuitable for B. tectorum, may described above, the invasion of Bromus transition to other vegetation over time. climatic space models can play an important role in characterizing the tectorum and the associated changes in However, it is not known if transition fire regime currently pose one of the back to sagebrush as a dominant types of changes that may occur so that the potential impacts on natural systems significant threats to greater sage-grouse landcover or to other native or can be assessed. and the sagebrush-steppe ecosystem. nonnative vegetation is more likely. Schrag et al. (submitted MS, 2009, pp. Under current climate-change In a study that modeled potential 1-42) developed a bioclimatic envelope projections, we anticipate that future impacts to big sagebrush (A. tridentata model for big sagebrush and silver climatic conditions will favor further ssp.) due to climate change, Shafer et al. sagebrush in the States of Montana, invasion by B. tectorum, as well as (2001, pp. 200-215) used response Wyoming, and North and South woody invasive species that affect surfaces to describe the relationship Dakotas. This analysis suggests that habitat suitability, and that fire between bioclimatic variables and the large displacement and reduction of frequency will continue to increase, and distribution of tree and shrub taxa in sagebrush habitats will occur under the extent and severity of fires may western North America. Species climate change as early as 2030 for both increase as well. Climate warming is distributions were simulated using species of sagebrush examined. At the also likely to increase the severity of scenarios generated by three general time of this finding, the Schrag et al. WNv outbreaks and to expand the area circulation models – HADCM2, CGCM1, analysis has not been peer reviewed, susceptible to outbreaks into areas that and CSIRO. Each scenario produced and we have significant reservations are now too cold for the WNv vector. similar results, simulating future about using analyses of this level of Therefore, the consequences of climate bioclimatic conditions that would complexity in making management change, if current projections are reduce the size of the overall range of decisions, without it having gone realized, are likely to exacerbate the sagebrush and change where sagebrush through a review process where experts existing primary threats to greater sage- may occur. These simulated changes in the fields of climate change, grouse of frequent wildfire and invasive were the result of increases in the mean bioclimatic modeling, and sagebrush nonnative plants, particularly B. temperature of the coldest month which ecology can all assess the validity of the tectorum as well as the threat posed by the authors speculated may interact reported results. Other models disease. As the IPCC projects that the with soil moisture levels to produce the projecting the affect of climate change changes to the global climate system in simulated impact. Each model predicted on sagebrush habitat discussed more the 21st century will likely be greater that climate suitability for big sagebrush below, identify uncertainty associated than those observed in the 20th century would shift north into Canada. Areas in with projecting climatic habitat (IPCC 2007, p. 45), we anticipate that the current range would become less conditions into the future given the these effects will continue and likely suitable climatically, and would unknown influence of other factors that increase into the foreseeable future. As potentially cause significant such models do not incorporate (e.g., there is some degree of uncertainty contraction. The authors also point out local physiographic conditions, life regarding the potential effects of climate

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13957

change on greater sage-grouse Historically, large losses of sagebrush continued development within sage- specifically, climate change in and of habitats occurred due to conversion for grouse range, and will only act to itself was not considered a significant agricultural croplands. This conversion increase habitat fragmentation. Habitat factor in our determination whether is continuing today, and may increase fragmentation due to energy greater sage-grouse is warranted for due to the promotion of biofuel development results not only from the listing. However, we expect the severity production and new technologies to actual footprint of energy development and scope of two of the significant provide irrigation to arid lands. Indirect and its appurtenant facilities (e.g., threats to greater sage-grouse, frequent effects of agricultural activities, such as powerlines, roads), but also from wildfire and B. tectorum colonization linear corridors created by irrigation functional habitat loss (e.g., noise, and establishment; as well as epidemic ditches, also contribute to habitat presence of overhead structures). WNv, to magnify within the foreseeable fragmentation by allowing the incursion Livestock management and domestic future due the effects of climate change of nonnative plants. Direct habitat loss livestock and wild horse grazing have already underway (i.e., increased and fragmentation also has occurred as the potential to seriously degrade sage- temperature and carbon dioxide). Thus, the result of expanding human grouse habitat at local scales through currently we consider climate change as populations in the western United loss of nesting cover, decreasing native playing a potentially important indirect States, and the resulting urban vegetation, and successional stage and, role in intensifying some of the current development in sagebrush habitats. therefore, vegetative resiliency, and significant threats to the species. Fire is one of the primary factors increasing the probability of incursion linked to population declines of greater of invasive plants. Fencing constructed Analysis of Habitat Fragmentation in sage-grouse because of long-term loss of to manage domestic livestock causes the Context of Factor A sagebrush and conversion to nonnative direct mortality, degradation, and Greater sage-grouse are a landscape- grasses. Loss of sagebrush habitat to fragmentation of habitats, and increased scale species requiring large, contiguous wildfire has been increasing in the predator populations. There is little areas of sagebrush for long-term western portion of the greater sage- direct evidence linking grazing practices persistence. Large-scale characteristics grouse range due to an increase in fire to population levels of greater sage- within surrounding landscapes frequency and size. This change is the grouse. However, testing for impacts of influence habitat selection, and adult result of incursion of nonnative annual grazing at landscape scales important to sage-grouse exhibit a high fidelity to all grasses, primarily Bromus tectorum, sage-grouse is confounded by the fact seasonal habitats, resulting in little into sagebrush ecosystems. The positive that almost all sage-grouse habitat has at adaptability to changes. Fragmentation feedback loop between B. tectorum and one time been grazed, and thus no non- of sagebrush habitats has been cited as fires facilitates future fires and grazed areas currently exist with which a primary cause of the decline of sage- precludes the opportunity for sagebrush, to compare. While some rangeland grouse populations (Patterson 1952, pp. which is killed by fire, to become re- treatments to remove sagebrush for 192-193; Connelly and Braun 1997, p. 4; established. B. tectorum and other livestock forage production can Braun 1998, p. 140; Johnson and Braun invasive plants also alter habitat temporarily increase sage-grouse 1999, p. 78; Connelly et al. 2000a, p. suitability for sage-grouse by reducing foraging areas, the predominant effect is 975; Miller and Eddleman 2000, p. 1; or eliminating native forbs and grasses habitat loss and fragmentation, although Schroeder and Baydack 2001, p. 29; essential for food and cover. Annual those losses cannot be quantified or Johnsgard 2002, p. 108; Aldridge and grasses and noxious perennials continue spatially analyzed due to lack of data Brigham 2003, p. 25; Beck et al. 2003, to expand their range, facilitated by collection. p. 203; Pedersen et al. 2003, pp. 23-24; ground disturbances, including wildfire, Restoration of sagebrush habitat is Connelly et al. 2004, p. 4-15; Schroeder grazing, agriculture, and infrastructure challenging, and restoring habitat et al. 2004, p. 368; Leu et al. in press, associated with energy development function may not be possible because p. 19). Documented negative effects of and urbanization. Concern with habitat alteration of vegetation, nutrient cycles, fragmentation include reduced lek loss and fragmentation due to fire and topsoil, and cryptobiotic crusts have persistence, lek attendance, population invasive plants has mostly been focused exceeded recovery thresholds. Even if recruitment, yearling and adult annual in the western portion of the species’ possible, restoration will require survival, female nest site selection, nest range. However, climate change may decades and will be cost-prohibitive. To initiation, and loss of leks and winter alter the range of invasive plants, provide habitat for sage-grouse, habitat (Holloran 2005, p. 49; Aldridge potentially expanding this threat into restoration must include all seasonal and Boyce 2007, pp. 517-523; Walker et other areas of the species’ range. The habitats and occur on a large scale al. 2007a, pp. 2651-2652; Doherty et al. establishment of these plants will then (4,047 ha (10,000 ac) or more) to provide 2008, p. 194). Functional habitat loss contribute to increased fire frequency in all necessary habitat components. also contributes to habitat fragmentation those areas, further compounding Restoration may never be achieved in as greater sage-grouse avoid areas due to habitat loss and fragmentation. the presence of invasive grass species. human activities, including noise, even Functional habitat loss is occurring from The WAFWA identified a goal of ‘‘no though sagebrush remains intact. In an the expansion of native conifers, mainly net loss’’ of birds and habitat in their analysis of population connectivity, due to decreased fire return intervals, Greater Sage-grouse Comprehensive Knick and Hanser (in press, p. 31) livestock grazing, increases in global Conservation Strategy (Stiver et al. demonstrated that in some areas of the carbon dioxide concentrations, and 2006, p. 1-7). Knick and Hanser (in sage-grouse range, populations are climate change. press, p. 32) have concluded that this already isolated and at risk for Sage-grouse populations are strategy may no longer be possible due extirpation due to genetic, demographic, significantly reduced, including local to natural and anthropogenic threats and environmental stochasticity. Habitat extirpation, by nonrenewable energy that are degrading the remaining loss and fragmentation contribute to this development activities, even when sagebrush habitats. They recommend population isolation and increased risk mitigative measures are implemented focusing conservation on areas critical of extirpation. (Walker et al. 2007a, p. 2651). The to range-wide persistence of this species We examined several factors that persistent and increasing demand for (Knick and Hanser in press, p. 31). result in habitat loss and fragmentation. energy resources is resulting in their Wisdom et al. (in press, pp. 24-25) and

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13958 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

Knick and Hanser (in press, p. 17) types of assumptions; e.g. see Connelly see discussion under population size identified two strongholds of contiguous et al., 2004, pp. 6-18 to 6-20; and above), delays in population response to sagebrush habitat essential for the long- WAFWA 2008, pp. 7-8). Nevertheless, habitat loss and fragmentation events term persistence of greater sage-grouse these data have been collected for 50 within the past 2 to 3 years may not (the southwest Wyoming Basin and the years in most locations and therefore do have been captured. Also, some Great Basin area straddling the States of have utility in examining long-term significant events that have resulted in Oregon, Nevada, and Idaho). Other areas trends (Gerrodette 1987, p. 1370; habitat loss occurred after the 2007 within the greater sage-grouse range had Connelly et al. 2004, p. A3-3; Stiver et lekking season. For example, the a high uncertainty for continued al. 2009, p. 3-5; WAFWA 2008, p. 3), Murphy complex fire in Idaho and population persistence (Wisdom et al., and in evaluating differences in trends Nevada burned 264,260 ha (653,000 ac), in press, p. 25) due to fragmentation across the species’ range. Therefore, we resulting in the loss of 75 of 102 leks, from anthropogenic impacts. However, are considering the results of and the associated nesting habitats in our analyses of fragmentation in the two researchers whose work relies on lek the area. Population-level effects of this stronghold areas showed that habitats in data (e.g., Garton et al. (in press), fire would not be reflected by any of the these areas are becoming fragmented Wisdom et al. (in press), Connelly et al. three population trend analyses due to wildfire, invasive species, and (2004, p. 6-18 to 6-59; WAFWA 2008, (Connelly et al., 2004; WAFWA 2008; energy development. Therefore, we are entire) to help inform our overall Garton et al. in press) simply because it concerned that the level of analyses. occurred after the time period analyzed. fragmentation in these areas may Population trends (average number of Projections of Future Populations already be limiting sage-grouse males per lek) in MZs I and II, the areas populations and further reducing with the highest concentration of As described above, our analysis of connectivity between populations. nonrenewable energy development, habitat trends, and those provided in These threats have intensified over the decreased by 17 and 30 percent from the published literature show that last two decades, and we anticipate that 1965 to 2007, respectively (Garton et al. population extirpation and declines they will continue to accelerate due to in press, pp. 28, 35). Individual have, and are likely to continue to track the positive feedback loop between fire population trends within each MZ habitat loss or environmental changes and invasives and the persistent and varied. However, in areas of intensive (e.g., Walker et al., 2005, Aldridge et al. increasing demand for energy resources. energy development, trends were 2008; Knick and Hanser in press; negative as habitat continued to be Wisdom et al. in press). Estimation of Population Trends in Relation to fragmented. For example, in the Powder how these trends may affect future Habitat Loss and Fragmentation River Basin of Wyoming, sage-grouse population numbers and habitat In order to assess the effects of habitat populations have declined by 79 carrying capacity was conducted by loss and fragmentation on greater sage- percent in the 12 years since coal-bed Garton et al. (in press, entire). We grouse populations and persistence, we methane development was initiated realize population viability analyses are examined a variety of data to there (Emmerich 2009, pers. comm.). In based on assumptions that may or may understand how population trends MZs affected by Bromus tectorum and not be realistic given the species reflected the changing habitat condition. fire, (primarily MZs IV (Snake River analyzed. Additionally, lek counts are Patterns of sage-grouse extirpation were Plain) and V (Northern Great Basin)), not the best data for use in these kinds identified by Aldridge et al. 2008 population trends from 1995 to 2007 of analyses as variability in lek (entire) Johnson et al. (in press, entire), also were negative (Table 6). These attendance, observer bias, and the Wisdom et al. (in press, entire), Knick results are consistent with the analyses unknown relationship between males and Hanser (in press, entire), and others, conducted by Wisdom et al. (in press, p. counted to actual population sizes limit and discussed in detail above. Examples 24) that demonstrate that fragmentation unbiased estimation of future include fragmentation of populations as a result of disturbance results in population numbers (see also discussion and their isolation as a result of habitat reduced population numbers and under population sizes above, and in loss from fire (Knick and Hanser in population isolation. Garton et al., in press, pp. 8, 66). At the press, p. 20; Wisdom et al. in press, p. In some populations within the request of the Colorado Division of 22), an increase in the probability of species’ range, population trends Wildlife, three individuals (Conroy extirpation as a result of fire (Knick and (number of males counted on leks) since 2009, entire; Noon 2009, entire; Runge Hanser in press, p. 31) and agricultural the early 1990s appear to be stable, and 2009, entire) reviewed Garton et al. activities and human densities in some cases increasing (Garton et al. outside the established peer review (Aldridge et al. 2008, p. 990; Wisdom et in press, Figs.2-8, pp.188-219). process and noted similar limitations of al. in press, p. 4), and sage-grouse However, simply looking at total these data. We received these reviews population declines as a result of energy number of males counted does not and have reviewed them in the context development (Doherty et al. 2008, p. accurately reflect habitat conditions, as of all other data we received in 193; Johnson et al. in press, p. 13; Leu leks, and by inference the associated preparation of this finding. Their and Hanser, in press, p. 28). Therefore, breeding habitats, could have been lost. primary concern was about the where these habitat factors, and others Additionally, as discussed above, sage- applicability of analyzing and identified above, are occurring, we grouse will continue to attend leks even presenting future population projections anticipate that sage-grouse population after habitat suitability is diminished in the manner done by Garton et al. in trends will continue to decline. simply due to site fidelity (Walker et al. press, based on the limitations of the Lek count data are the only data 2007a, p. 2651). Therefore, the counts of data, the assumptions required, and available to estimate sage-grouse males on these leks may artificially uncertainty in the estimates of the population trends, and are the data minimize the declines seen in trend model parameters (see also discussion WAFWA collects (WAFWA 2008, p. 3). analyses, as little productivity results above). The use of lek count data as an index from them. Because the analyses were Garton et al., (in press, pp. 6-8, 64-67) of trends involves various types of truncated in 2007 to be comparable to acknowledged these concerns, as several uncertainty (such as measurement error, other analyses of population trends (i.e. of the reviewers pointed out, and their count methods, statistical and other Connelly et al. 2004 and WAFWA 2008, analyses underwent peer review via the

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13959

normal scientific process prior to population sizes to avoid negative et al. (in press, p. 29) project a acceptance for publication. Population genetic effects from inbreeding (Garton population decline of 59 percent viability analyses can provide useful et al. in press, p. 19). Therefore, between 2007 and 2037 if current information in examining the potential population projections that fell below population and habitat trends continue future status of a species as long as the 50 breeding adults (males and females) (Table 10). In the Powder River Basin assumptions of the model, and were identified as being at short-term area, where significant gas development violations thereof, are clearly identified risk of extinction, and those that fell is occurring, population trends were and considered in the interpretation of below 500 breeding adults (males and projected an almost 90 percent decline the results. Therefore, we present the females) were identified as being at by 2037 (Garton et al. in press, p. 26). analyses conducted by Garton et al. (in long-term risk for extinction. However, This projection is consistent with press, entire) here in relation to our recent work by Bush (2009, p. 106) Walker et al. (2007, p. 2651) estimate conclusion of how existing and suggests that a higher proportion of that lek persistence would decline to 5 continued habitat fragmentation may male sage-grouse are breeding than percent in the Powder River Basin with impact the greater sage-grouse within previously identified. Therefore, Garton full field development over a similar the foreseeable future. The projections et al. (in press, p. 20) state that their time frame. Also, Johnson (in press, p. reported by Garton et al. (in press, resulting projections are likely 13) found that lek counts were reduced entire; see discussion below) are underestimates of actual impacts as from 1997 to 2007 in areas of oil and gas generally consistent with what we more birds are necessary than they development, and our GIS analyses expect given the causes of sage-grouse assumed for population productivity. found that a minimum of 70 percent of declines and extirpation documented in Additionally, Traill et al. (2010, p. 32) breeding habitats is affected by energy the literature (see above) and where argue that a minimum effective development activities in this area those threats occur in the species range, population size must be 5,000 (Service 2008b; see discussion under despite the concerns of the authors and individuals to maintain evolutionary Energy Development). Declines in the others about the limitations of lek data minimal viable populations of wildlife Powder River Basin within the past 12 and prospective analysis. We are (retention of sufficient genetic material years of development have reached 79 unaware of any other prospective to avoid effect of inbreeding depression percent (Emmerich 2009, pers. comm.). rangewide population viability analyses or deleterious mutations). We examined Populations in MZ I that do not for this species. the projected population trends for 30 experience the same levels of energy Garton et al. (in press, entire) years to minimize the risk of error development are not projected to projected population and habitat associated with the 100 year projections decline as significantly, with the carrying capacity trends (the modeled simply due to using lek data. exception of the Yellowstone watershed estimate where population growth rate One assumption made by Garton et al. population (Table 10). This population is 0) at 30 (2037) and 100 (2107) years (in press, p. 19) is that future population is projected to be extirpated within 30 into the future. Growth rates were growth would be analogous to what years (Garton et al. in press, p. 46). This analogous to rates from 1987 to 2007, occurred from 1987 to 2007. We area is highly fragmented by agricultural and quasi-extinction thresholds anticipate adverse habitat impacts (see and energy development, factors (artificial thresholds below which the discussion of foreseeable future below) identified by Aldridge et al. (2008, p. long-term persistence and viability of a and synergism between these impacts 991) and Wisdom et al. (in press, p. 23) species is questionable due to stochastic (e.g. fire and invasive species with sage-grouse extirpation. Wisdom et variables, such as small populations or expansion) to increase habitat loss; al. (in press, p. 23) also predicted genetic inbreeding) corresponded to therefore, Garton et al.’s (in press) likely extirpation in this area due to the minimum counts of 20 and 200 males at over-estimate the resulting future continuing loss of sagebrush. Loss of the leks (Garton et al. in press, p. 19). The habitat carrying capacity and population Yellowstone watershed population will thresholds were established to numbers. result in a gap in the species’ range, correspond to populations of 50 and 500 In all MZs, the analyses by Garton et isolating sage-grouse north of the breeding birds, numbers generally al. (in press) predict that populations Missouri River from the rest of the accepted for adequate effective will continue to decline. In MZ I, Garton species.

TABLE 10—PROJECTED CHANGES IN CARRYING CAPACITIES OF MANAGEMENT ZONES AND POPULATIONS FROM 2007 TO 2037. CARRYING CAPACITIES ARE REFLECTED AS THE AVERAGE NUMBER OF MALES PER LEK, AND WERE CALCULATED BY DIVIDING POPULATION PROJECTIONS FOR 2037 BY THE POPULATION ESTIMATE IN 2007. DATA FROM GARTON et al. (IN PRESS, PP. 22-63, 95-97).

Change in Carrying Capacity from Management Zone Population 2007 to 2037 (%)

I (Great Plains) -59

Yellowstone watershed -100

Powder River -90

Northern Montana -11

Dakotas -62

II (Wyoming Basin) -66

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13960 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

TABLE 10—PROJECTED CHANGES IN CARRYING CAPACITIES OF MANAGEMENT ZONES AND POPULATIONS FROM 2007 TO 2037. CARRYING CAPACITIES ARE REFLECTED AS THE AVERAGE NUMBER OF MALES PER LEK, AND WERE CALCULATED BY DIVIDING POPULATION PROJECTIONS FOR 2037 BY THE POPULATION ESTIMATE IN 2007. DATA FROM GARTON et al. (IN PRESS, PP. 22-63, 95-97).—Continued

Change in Carrying Capacity from Management Zone Population 2007 to 2037 (%)

Eagle – S. Routt extirpated

Jackson Hole —

Middle Park —

Wyoming Basin -64

III (Southern Great Basin) -55

Bi-State NV/CA -7

S. Mono Lake —

NE Interior UT +211

San Pete County UT —

S. central UT -36

Summit-Morgan UT -14

Toole-Juab UT -27

Southern Great Basin -61

IV (Snake River Plain) -55

Baker, OR No change

Bannack, MT -9

Red Rocks, MT -18

Wisdom, MT —

E. central ID —

Snake, Salmon, Beaverhead, ID -18

Northern Great Basin -73

V (Northern Great Basin) -74

Central OR -67

Klamath, OR —

NW Interior NV —

Western Great Basin -59

VI (Columbia Basin) -46

Moses Coulee -74

Yakima —

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13961

TABLE 10—PROJECTED CHANGES IN CARRYING CAPACITIES OF MANAGEMENT ZONES AND POPULATIONS FROM 2007 TO 2037. CARRYING CAPACITIES ARE REFLECTED AS THE AVERAGE NUMBER OF MALES PER LEK, AND WERE CALCULATED BY DIVIDING POPULATION PROJECTIONS FOR 2037 BY THE POPULATION ESTIMATE IN 2007. DATA FROM GARTON et al. (IN PRESS, PP. 22-63, 95-97).—Continued

Change in Carrying Capacity from Management Zone Population 2007 to 2037 (%)

VII (Colorado Plateau)* — — Data insufficient to model * Although the model projects population increases, habitat is limited in the area, likely limiting actual population growth.

Garton et al. (in press, p. 36) projected current population trends and habitat MZ. We believe that based on habitat populations will decline in MZ II by 66 activities continue (Table 10). The impacts, if birds are retained in this percent between 2007 and 2037 if Northern Great Basin population is area, the populations will be reduced in current population trends and habitat projected to have the greatest drop in size and further isolated. activities continue (Table 10). The carrying capacity, and is the area The projections from Garton et al. (in Wyoming Basin area, where significant currently most affected by reduced fire press, entire), which are consistent with oil, gas and renewable energy cycles as a result of Bromus tectorum results reported by Wisdom et al. (in development is occurring, is projected incursions. As discussed above, fire press, entire), our own analyses, and to decline by 64 percent (Garton et al. within 54 km (33.5 mi) of a lek was others examining the effects of habitat in press, p. 34). Population persistence identified by as one of the most loss and degradation on population for the Eagle–South Routt population, important factors negatively affecting trends, reflect that by 2037 sage-grouse an area also experiencing significant sage-grouse persistence on the populations and connectivity between energy development activities, could landscape (Knick and Hanser in press, them will be further reduced across the not be estimated due to data sampling p. 29). The associated incursion of B. species range. This is consistent with concerns. However, the population is tectorum has resulted in large losses of other literature that has documented unlikely to persist for 20 years (Braun, habitat in this MZ (Johnson in press, p. patterns of decline and extirpation as a as cited in Garton et al. in press, p 30), 23). Carrying capacities in other result of the ongoing habitat losses and where 100 percent of the breeding populations in this MZ are not projected fragmentation (for example, see Johnson habitat is affected by energy to decline as much, but these in press, Knick et al. in press and development (Service 2008b). Johnson populations do not have significant fire Wisdom et al. in press). We are cautious (in press, p. 13) found that declines in and B. tectorum incursions. in using a single projection for lek attendance was strongly, negatively In MZ V, Garton et al. (in press, p. 58) determining future population status associated with the presence of wells in projected populations will decline by 74 based on the limitation of lek data and these areas once the total number of percent between 2007 and 2037 if the lack of any other comparable wells in this MZ exceeded 250. Wells in current population trends and habitat rangewide population viability analyses. both of these populations currently activities continue (Table 10). Nearly all However, Garton et al.’s (in press, exceed that threshold. Therefore, the populations within this MZ are affected entire) results are consistent with the results of Garton et al.’s (in press) by reduced fire frequencies and Bromus habitat loss and fragmentation analyses analyses are not unexpected. tectorum incursions (see discussion conducted by the Service and many Garton et al. (in press, p. 46) projected above). In MZ VI, Garton et al. (in press, other authors, as noted in the individual populations in MZ III will decline by 53 p. 62) projected populations will MZ discussions above. percent between 2007 and 2037 if decline by 46 percent between 2007 and The population and carrying capacity current population trends and habitat 2037 if current population trends and projections by Garton et al. (in press, pp. activities continue (Table 10). Most habitat activities continue (Table 10). 22-64 ) are generally consistent with populations in this area are already The two populations in this MZ are what we would expect given the causes isolated by topographic features and already isolated from the rest of the of sage-grouse declines and extirpation experience high native conifer range, and actively managed by the documented in the literature (see above) incursions. Bromus tectorum also is of State of Washington to maintain birds and where those threats occur in the significant concern in the Southern (e.g., translocations, active habitat species range. Therefore, despite the Great Basin population. Large losses of enhancement). In addition to impacts concerns of the authors and other about sagebrush in this MZ have resulted from from agricultural activities and human the limitations of lek data and B. tectorum incursion and the resulting development (Johnson in press, p. 27), prospective analysis, the results altered fire cycle (Johnson in press, p. these populations are affected by the presented by Garton et al. (in press, 23). Fire within 54 km (33.5 mi) of a lek loss of CRP lands and military activities, entire) are consistent with our analyses was identified by Knick and Hanser (in neither of which were quantified by of habitat impacts based on the review press, p. 29) as one of the most Garton et al. (in press, entire). Therefore, of the best available scientific important factors negatively affecting the projections provided in the information. sage-grouse persistence on the population viability analysis are likely landscape. Assuming the current rate of underestimated. Foreseeable Future of Habitat Threats habitat loss continues in this MZ, Carrying capacity projections could We examined the persistence of each carrying capacity is projected to decline not be estimated for MZ VII due to of these habitat threats on the landscape by 45 percent by 2037 (Garton et al. in insufficient data. Energy development to help inform a determination of press, p. 46). activities occur within most populations foreseeable future. Habitat conversion In MZ IV, Garton et al. (in press, p. in this area, and Johnson (in press, p. and fragmentation resulting from 53) populations are projected to decline 13) reported that lek attendance was agricultural activities and urbanization by 55 percent between 2007 and 2037 if lower around producing wells in this will continue indefinitely. Human

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13962 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

populations are increasing in the invasive plants, pinyon-juniper such as higher elevation sagebrush, and western United States and we have no woodland encroachment, grazing, areas with a low human footprint data indicating this trend will be energy development, and climate (activities sustaining human reversed. Increased fire frequency as change are all contributing, individually development) such as the Northern and facilitated by the expanding distribution and collectively, to the present and Southern Great Basin (Leu and Hanser of invasive plant species will continue threatened destruction, modification, in press, p. 14), indicating that the indefinitely unless an effective means and curtailment of the habitat and range threat of destruction, modification or for controlling the invasives is found. In of the greater sage-grouse. The impacts curtailment of the greater sage-grouse is the last approximately 100 years, no are compounded by the fragmented moderate in these areas. In addition, broad scale Bromus tectorum nature of this habitat loss, as two strongholds of contiguous eradication method has been developed. fragmentation results in functional loss sagebrush habitat (the southwest Therefore, given the history of invasive of habitat for greater sage-grouse even Wyoming Basin and the Great Basin plants on the landscape, our continued when otherwise suitable habitat is still area straddling the States of Oregon, inability to control such species, and the present. Nevada, and Idaho) contain the highest expansive infestation of invasive plants Fragmentation of sagebrush habitats is densities of males in the range of the across the species’ range currently, we a key cause, if not the primary cause, of species (Wisdom et al. in press, pp. 24- anticipate they and associated fires will the decline of sage-grouse populations. 25; Knick and Hanser in press, p. 17). be on the landscape for the next 100 Fragmentation can make otherwise We believe that the ability of these years or longer. suitable habitat either too small or strongholds to maintain high densities Continued exploration and isolated to be of use to greater sage- to date in the presence of several threats development of traditional and grouse (i.e., functional habitat indicates that there are sufficient nonconventional fossil fuel sources in destruction), or the abundance of sage- habitats currently to support the greater the eastern portion of the greater sage- grouse that can be supported in an area sage-grouse in these areas, but not grouse range will continue to increase is diminished. Fire, invasive plants, throughout its entire range unless these over the next 20 years (EIA 2009b, p. energy development, various types of threats are ameliorated. 109). Based on existing National infrastructure, and agricultural As stated above, the impacts to habitat Environmental Policy Act (NEPA) conversion have resulted in habitat are not uniform across the range; some documents for major oil and gas fragmentation and additional areas have experienced less habitat loss developments, production within fragmentation is expected to continue than others, and some areas are at existing developments will continue for for the foreseeable future in some areas. relatively lower risk than others for a minimum of 20 years, with subsequent In our evaluation of Factor A, we future habitat destruction or restoration (if possible) requiring from found that although many of the habitat modification. Nevertheless, the impacts 30 to 50 additional years. Renewable impacts we analyzed (e.g, fire, are substantial in many areas and will energy development is estimated to urbanization, invasive species) are continue or even increase in the future reach maximum development by 2030. present throughout the range, they are across much of the range of the species. However, since most renewable energy not at a level that is causing a threat to With continued habitat destruction and facilities are permanent landscape greater sage-grouse everywhere within modification, resulting in fragmentation features, unlike oil, gas and coal, direct its range. Some threats are of high and diminished connectivity, greater and functional habitat loss from the intensity in some areas but are low or sage-grouse populations will likely nonexistent in other areas. Fire and development footprint will be decline in size and become more invasive plants, and the interaction permanent. Based on this information, isolated, making them more vulnerable between them, is more pervasive in the we estimate the foreseeable future of to further reduction over time and western part of the range than in the energy development at a minimum of 50 increasing the risk of extinction. years, and perhaps much longer for eastern. Oil and gas development is We have evaluated the best scientific nonrenewable sources. having a high impact on habitat in many and commercial information available Grazing (both domestic and wild areas in the eastern part of the range, but regarding the present or threatened horse and burro) is unlikely to be a low impact further to the west. The destruction, modification, or removed from sagebrush ecosystems. impact of pinyon-juniper encroachment curtailment of the greater sage-grouse’s Therefore, it is difficult to estimate a generally is greater in western areas of habitat or range. Based on the current foreseeable future for livestock grazing. the range, but is of less concern in more and ongoing habitat issues identified However, as of 2007, there were eastern areas such as Wyoming and here, their synergistic effects, and their 7,118,989 permitted AUMs in sage- Montana. Agricultural development is likely continuation in the future, we grouse habitat. Although there have high in the Columbia Basin, Snake River conclude that this threat is significant been recent reductions in the number of Plain, and eastern Montana, but low such that it provides a basis for AUMs (3.4 percent since 2005), we have elsewhere. Infrastructure of various determining that the species warrants no information suggesting that livestock types is present throughout the most of listing under the Act as a threatened or grazing will be significantly reduced, or range of the greater sage-grouse, as is endangered species. removed, from sage-grouse habitats. livestock grazing, but the degree of Therefore, while we cannot provide an impact varies depending on grazing Factor B: Overutilization for exact estimate of the foreseeable future management practices and local Commercial, Recreational, Scientific, or for grazing, we expect it to be a ecological conditions. The degree of Educational Purposes persistent use of the sage-grouse urbanization and exurban development Commercial Hunting landscape for several decades. varies across the range, with some areas having relatively low impact to habitat. The greater sage-grouse was heavily Summary of Factor A While sage-grouse habitat has been exploited by commercial hunting in the As identified above in our Factor A lost or altered in many portions of the late 1800s and early 1900s (Patterson analysis, habitat conversion for species’ range, habitat still remains to 1952, pp. 30-32; Autenrieth 1981, pp. 3- agriculture, urbanization, infrastructure support the species in many areas of its 11). Hornaday (1916, pp. 179-221) and (e.g., roads, powerlines, fences); fire, range (Connelly et al. in press c, p. 23), others alerted the public to the risk of

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13963

extinction of the species as a result of harvested for many decades; therefore, grouse are legally sport-hunted in 10 of this overharvest. The impacts of hunting commercial hunting does not affect the 11 States where they occur (Connelly et on greater sage-grouse during those greater sage-grouse. al. 2004, p. 6-3). The hunting season for historical decades may have been sage-grouse in Washington was closed Recreational Hunting exacerbated by impacts from human in 1988, and the species was added to expansion into sagebrush-steppe With the increase of sage-grouse the State’s list of threatened species in habitats (Girard 1937, p. 1). In response, populations by the 1950s, limited 1998 (Stinson et al. 2004, p. 1). In many States closed sage-grouse hunting recreational hunting seasons were Canada, sage-grouse are designated as seasons by the 1930s (Patterson 1952, allowed in most of the species’ range an endangered species, and hunting is pp.30-33; Autenrieth 1981, p. 10). Sage- (Patterson 1952, p. 242; Autenrieth not permitted (Connelly et al. 2004, p. grouse have not been commercially 1981, p.11). Currently, greater sage- 6-3).

Harvest levels have varied 200,000 individuals in 9 of 10 years p. 7). The compensatory mortality considerably since the 1950s, and in with the total estimate at 2,322,581 hypothesis asserts that if sage-grouse recent years have been much lower than birds harvested for the decade. During produce more offspring than can survive in past decades (Figure 3) (Service 2009, the 1980s, harvest exceeded 130,000 to sexual maturity, individuals lost to unpublished data). From 1960 to 1980, individuals in 9 of 10 years (Service hunting represent losses that would the majority of sage-grouse hunting 2009, unpublished data). The harvest have occurred otherwise from some mortality occurred in Wyoming, Idaho, was above 100,000 annually during the other source (e.g., starvation, predation, and Montana, accounting for at least 75 early 1990s but in 1994 dropped below disease). Hunting mortality is termed to 85 percent of the annual harvest 100,000 for the first time in decades. additive if it exceeds natural mortality From 2000 to 2007, annual harvest has (Service 2009, unpublished data). In the and ultimately results in a decline of the averaged approximately 31,000 birds 1960s harvest exceeded 120,000 breeding population. The validity of (Service 2009, unpublished data). individuals annually for 7 out of 10 Sustainable harvest is determined compensatory mortality in upland years. Harvest levels reached a based on the concept of compensatory gamebirds has not been rigorously maximum in the 1970s, being above and additive mortality (Connelly 2005, tested, and as we stated above, annual

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 EP23MR10.002 13964 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

sage-grouse productivity is relatively grouse in Bodie Hills, California, a (Connelly et al., in press a, pp. 15, 20, low compared to other grouse species. nearby population that is contiguous 48). High adult female mortality has the Autenrieth (1981, p. 77) suggested sage- with adjacent occupied areas of Nevada. potential to result in negative lag effects grouse could sustain harvest rates of up Data indicated that hunting suppressed as future populations become to 30 percent annually. Braun (1987, p. the population size of the isolated Long overrepresented by yearling females 139) suggested a rate of 20 to 25 percent Valley population well below the (Moynahan 2006, p. 1537). was sustainable. State wildlife agencies apparent carrying capacity (Gibson All States with hunting seasons have currently attempt to keep harvest levels 1998, p. 15; Gardner 2008, pers. comm.). changed limits and season dates to more below 5 to 10 percent of the population, Sage-grouse hunting is regulated by evenly distribute hunting mortality based on a recommendation taken from State wildlife agencies. Hunting seasons across the entire population structure of Connelly et al. (2000a, p. 976). are reviewed annually, and States greater sage-grouse, harvesting birds However, it is unclear from Connelly et change harvest management based on after females have left their broods al. (2000a) what this recommendation is estimates for spring production and (Bohne 2003, p. 5). Females and broods based on, and similar to previous population size (e.g., Bohne 2003, pp.1- congregate in mesic areas late in the suggested harvest rates, it has not been 10). However, harvest affects fall summer potentially making them more experimentally tested with regard to its populations of sage-grouse, and vulnerable to hunting (Connelly et al. impacts on sage-grouse populations. currently there is no reliable method for 2000b, p. 230). However, despite The validity of the idea that hunting obtaining estimates of fall population increasingly later hunting seasons, hens is a form of compensatory mortality for size (Connelly et al. 2004, p. 9-6). in Wyoming continue to comprise the upland game birds has been questioned Instead, lek counts conducted in the majority of the harvest in all years in recent years (Reese and Connelly, in spring are used as a surrogate for fall (WGFD 2004a, p. 4; 2006, p. 7). From press, p. 6). Connelly et al. 2005 (pp. population size. However, fall 1996 to 2008, on average 63 percent of 660, 663) cite many studies suggesting populations are already reduced from adult hunting mortalities in Nevada that hunting of upland game, including spring estimates as some natural were females (range 58 percent to 73 the greater sage-grouse, is often not mortality inevitably has occurred in the percent) (NDOW, 2009, unpublished compensatory. Other studies have interim (Kokko 2001, p. 164). The data). In 2008 in Oregon, adult females sought to determine whether hunting discrepancy between spring and fall accounted for 70 percent of the adults mortality in sage-grouse is population size estimates plays a role in harvested (ODFW 2009). These results compensatory or additive (Crawford determining whether harvest will be could indicate that females are more 1982; Crawford and Lutz 1985; Braun within the recommended level of less susceptible to hunting mortality, or it 1987; Zunino 1987; Johnson and Braun than 5-10 percent of the fall population. could be a reflection of a female skewed 1999; Connelly et al. 2003; Sedinger et For example, hen mortality in Montana sex ratio in adult birds. Male sage- al. in press; Sedinger et al. unpublished increased from the typical level of 1 to grouse typically have lower survival data). Results of those studies have been 5 percent to 16 percent during July/ rates than females, and the varying contradictory. For example, Braun August in a year (2003) with WNv degrees of female skewed sex ratios (1987, p. 139) found that harvest levels mortality (Moynahan 2006, p.1535). recorded for sage-grouse are thought to of 7 to 11 percent had no effect on During the summer of 2006 and 2007 in be as a result of this differential survival subsequent spring breeding populations South Dakota, mortality from WNv was (Swenson 1986, p. 16; CO Conservation based on lek counts in North Park, estimated to be between 21 and 63 Plan, p. 54). The potential for negative Colorado. Johnson and Braun (1999, p. percent of the population (Kaczor 2008, effects on populations by harvesting 83) determined that overwinter p.72). Despite the increased mortalities reproductive females has long been mortality correlated with harvest due to WNv, hunting regulations in both recognized by upland game managers intensity in North Park, Colorado, and States remained similar to previous (e.g., hunting of female ring-necked hypothesized that hunting mortalities years. pheasants, (Phasianus colchicus), is may be additive. Female survivorship is a key element prohibited in most States). Numerous contradictions are likely of population productivity. Harvest Harvest management levels that are due to differing methods, lack of might affect female and male grouse based on the concept of compensatory experimental data, and differing effects differently. Connelly et al. (2000b, mortality assume that overwinter of harvest due to a relationship between p.228-229) found that in Idaho 42 mortality is high, which is not true for harvest and habitat quality. For percent of all documented female sage-grouse (winter mortality rates example, Connelly et al. (2003, pp. 256- mortality was attributable to hunting approximately 2 percent, Connelly et al. 257) evaluated data for monitored lek while for males the number was 15 2000b, p. 229). Additionally, due to routes in areas experiencing different percent. Patterson (1952, p. 245) found WNv, sage-grouse population dynamics levels of harvest (no harvest, 1-bird females accounted for 60 percent (1950) may be increasingly affected by season, 2-bird season) in Idaho and and 63 percent (1951) of total hunting mortality that is density independent found that populations with no hunting mortalities. Because sage-grouse are (i.e., mortality that is independent of season had faster rates of population relatively long-lived, have moderate population size). Further, there is increase than populations with a light to reproductive rates, and are polygynous, growing concern regarding wide-spread modest harvest. The effect was their populations are likely to be habitat degradation and fragmentation particularly pronounced in xeric especially sensitive to adult female from various sources, such as habitats near human populations, which survival (Schroeder 1999, p.2, 13; development, fire, and the spread of suggests that the impact of hunting on Saether and Bakke 2000, p. 652; noxious weeds, resulting in density sage-grouse to some extent depends on Connelly 2005, p.9). Yearling sage- independent mortality which increases habitat quality. Gibson (1998, p. 15) grouse hens have less reproductive the probability that harvest mortality found that hunting mortality had potential than adults (Dalke et al. 1963, will be additive. negative impacts on the population p. 839; Moynahan 2006, p. 1537). Adult State management agencies have dynamics of an isolated population of females have higher nest initiation rates, become increasingly responsive to these sage-grouse in Long Valley, California, higher nest success, and higher chick concerns. All of the States where but appeared to have no effect on sage- survival rates than yearling females hunting greater sage-grouse is legal,

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13965

except Montana, now manage harvests harvest of greater sage-grouse poaching religious or ceremonial practices as well on a regional scale rather than applying appears to occur at low levels. We are as for subsistence. Native American State-wide limits. Bag limits and season not aware of any studies or other data hunting occurs on the Wind River lengths are relatively conservative that demonstrate that poaching has Indian Reservation (Wyoming), with compared to prior decades (Connelly contributed to sage-grouse population about 20 males per year taken off of leks 2005, p. 9; Gardner 2008, pers. comm.). declines. in the spring plus an average fall harvest Emergency closures have been used for of approximately 40 birds (Hnilicka Recreational Use some declining populations. For 2008, pers. comm.). The Shoshone- example, North Dakota closed the 2008 Greater sage-grouse are subject to a Bannock Tribe (Idaho) occasionally and 2009 hunting seasons following variety of non-consumptive recreational takes small numbers of birds in the record low lek attendance likely due to uses such as bird watching or tour spring, but no harvest figures have been WNv (Robinson 2009, pers. comm.). groups visiting leks, general wildlife reported for 2007 and 2008 Hunting on the Duck Valley Indian viewing, and photography. Daily human (Christopherson 2008, pers. comm.). Reservation (Idaho/Nevada) has been disturbances on sage-grouse leks could The Shoshone-Paiute Tribe of the Duck closed since 2006 due to WNv (Dick cause a reduction in mating and some Valley Indian Reservation (Idaho and 2009, pers. comm.; Gossett 2008, pers. reduction in total production (Call and Nevada) suspended hunting in 2006 to comm.). Hunting in Owyhee County, Maser 1985, p. 19). Overall, a relatively 2009 due to significant population Idaho was closed in 2006 and again in small number of leks in each State declines resulting from a WNv outbreak 2008 and 2009 as a result of WNv (Dick receive regular viewing use by humans in the area (Dick 2009, pers. comm.; 2008, pers. comm.; IDFG 2009). during the strutting season and most Gossett 2008, pers. comm.). Prior to All ten States that allow bow and gun States report no known impacts from 2006, the sage-grouse hunting season on hunting of sage-grouse also allow this use (Apa 2008, pers. comm.; the Duck Valley Indian Reservation ran falconers to hunt sage-grouse. Falconry Christiansen 2008, pers. comm.; from July 1 to November 30 with no bag seasons are typically longer (60 to 214 Gardner 2008, pers. comm.; Northrup or possession limits. Preliminary days), and in some cases have larger bag 2008, pers. comm.). Only Colorado has estimates indicate that the harvest may limits than bow/gun seasons. However, collected data regarding the effects of have been as high as 25 percent of the due to the low numbers of falconers and non-consumptive use. Their analyses population (Gossett 2008, pers. comm.). their dispersed activities, the resulting suggest that controlled lek visitation has Despite the hunting ban, populations harvest is thought to be negligible (Apa not impacted greater sage-grouse (Apa have not recovered on the reservation 2008, pers. comm.; Northrup 2008, pers. 2008, pers. comm.). However, Oregon (Dick 2009, pers. comm.; Gossett 2008, comm.; Hemker 2008, pers. comm.; reported anecdotal evidence of negative pers. comm.). No harvest by Native Olsen 2008, pers. comm.; Kanta 2008, impacts of unregulated viewing to Americans for subsistence or religious pers. comm.). Wyoming is one of the individual leks near urban areas that are and ceremonial purposes occurs in few States that collects falconry harvest subject to frequent disturbance from South Dakota, North Dakota, Colorado, data and reported a take of 180 sage- visitors (Hagen 2008, pers. comm.). Washington, or Oregon (Apa 2008, pers. grouse by falconers in the 2006-2007 To reduce any potential impact of lek comm.; Hagen 2008, pers. comm.; Kanta season (WGFD 2007, unpublished data). viewing on sage-grouse, several States 2008, pers. comm.; Robinson 2008, pers. In Oregon, the take is probably less than have implemented measures to protect comm.; Schroeder 2008, pers. comm.). five birds per year (Budeau 2008, pers. most leks while allowing recreational comm.). In Idaho the 2005 estimated viewing to continue. The Wyoming Scientific and Educational Use Statewide falconry harvest was 77 birds, Game and Fish Department (WGFD) Greater sage-grouse are the subject of and that number has likely remained provides the public with directions to many scientific research studies. We are relatively constant (Hemker 2008, pers. 16 leks and guidelines to minimize aware of some 51 studies ongoing or comm.). We are not aware of any studies viewing disturbance. Leks included in completed during 2005 and 2008. Of the that have examined falconry take of the brochure are close to roads and 11 western States where sage-grouse greater sage-grouse in relation to already subject to some level of currently occur, all reported some type population trends, but the amount of disturbance (Christiansen 2008, pers. of field studies that included the greater sage-grouse mortality associated comm.); presumably, focusing attention capture, handling, and subsequent with falcon sport hunting appears to be on these areas reduces pressure on banding, or banding and radio-tagging of negligible. relatively undisturbed leks. Colorado sage-grouse. In 2005, the overall We surveyed the State fish and and Montana have some sites with mortality rate due to the capture, wildlife agencies within the range of viewing trailers for the public for the handling, and/or radio-tagging process greater sage-grouse to determine what same reasons (Apa 2008, pers. comm.; was calculated at approximately 2.7 information they had on illegal harvest Northrup 2008, pers. comm.). We were percent of the birds captured (68 (poaching) of the species. Nevada and not able to locate any studies mortalities of 2,491 captured). A survey Utah indicated they were aware of documenting how lek viewing, or other of State agencies, BLM, consulting citations being issued for sage-grouse forms of non-consumptive recreational companies, and graduate students poaching, but that it was rare (Espinosa uses, of sage-grouse are related to sage- involved in sage-grouse research 2008, pers. comm.; Olsen 2008, pers. grouse population trends. Given the indicates that there has been little comm.). Sage-grouse wings are relatively small number of leks visited, change in direct handling mortality infrequently discovered in wing-barrel we have no reason to believe that this since then. We are not aware of any collection sites during forest grouse type of recreational activity is having a studies that document that this level of hunts in Washington, but such take is negative impact on local populations or taking has affected any sage-grouse considered a result of hunter contributing to declining population population trends. misidentification rather than deliberate trends. Greater sage-grouse have been poaching (Schroeder 2008, pers. translocated in several States and the comm.). None of the remaining States Religious Use Province of British Columbia (Reese and had any quantitative data on the level of Some Native American tribes harvest Connelly 1997, p. 235). Reese and poaching. Based on these results, illegal greater sage-grouse as part of their Connelly (1997, pp. 235-238)

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13966 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

documented the translocation of over past several decades, and there is Early studies have suggested that sage- 7,200 birds between 1933 and 1990. evidence that the sustainability of grouse populations are adversely Only 5 percent of the translocation harvest levels depends to a large extent affected by parasitic infections efforts documented by Reese and upon the quality of habitat and the (Batterson and Morse 1948, p. 22). Connelly (1997, p. 240) were considered health of the population. However, Parasites also have been implicated in to be successful in producing sustained, recognition that habitat loss is a limiting sage-grouse mate selection, with resident populations at the translocation factor is not conclusive evidence that potentially subsequent effects on the sites. From 2003 to 2005, 137 adult hunting has played no role in genetic diversity of this species (Boyce female sage-grouse were translocated to population declines or that reducing or 1990, p. 263; Deibert 1995, p. 38). Strawberry Valley, Utah and had a 60 eliminating harvest will not have an However, Connelly et al. (2004, p. 10-6) percent annual survival rate (Baxter et effect on population stability or note that, while these relationships may al. 2006, p. 182). Since 2004, Oregon recovery. be important to the long-term ecology of and Nevada have supplied the State of Take from poaching (illegal hunting) greater sage-grouse, they have not been Washington with close to 100 greater appears to occur at low levels in shown to be significant to the sage-grouse to increase the genetic localized areas, and there is no evidence immediate population status. Connelly diversity of the geographically isolated that it contributes to population et al. (2004, p. 10-3) have suggested that Columbia Basin populations and to declines. The information on non- diseases and parasites may limit reestablish a historical population. One consumptive recreational activities is isolated sage-grouse populations, but bird has died during transit and as limited to lek viewing, the extent of that the effects of emerging diseases expected natural mortality for such activity is small, and there is no require additional study (see also translocated birds has been higher than indication that it has a negative impact Christiansen and Tate, in press, pp. 22- resident populations (Schroeder 2008, that contributes to population declines. 23). pers. comm.). Given the low numbers of Harvest by Native American tribes, and Internal parasites which have been birds that have been used for mortality that results from handling documented in the greater sage-grouse translocation spread over many decades, greater sage-grouse for scientific include the protozoans Sarcosystis spp. it is unlikely that the removals from purposes appears to occur at low levels and Tritrichomonas simoni, blood source populations have contributed to in localized areas and thus we do not parasites (including avian malaria greater sage-grouse declines, while the consider these to be a significant threat (Plasmodium spp.), Leucocytozoon spp., limited success of translocations also at either the rangewide or local Haemoproteus spp., and Trypanosoma has likely had nominal impact on population levels. We know of no avium, tapeworms (Raillietina rangewide population trends. We did utilization for educational purposes. We centrocerci and R. cesticillus), gizzard not find any information regarding the have no reason to believe any of the worms (Habronema spp. and Acuaria direct use of greater sage-grouse for above activities will increase in the spp.), cecal worms (Heterakis educational purposes. future. gallinarum), and filarid nematodes (Ornithofilaria tuvensis) (Honess 1955, Summary of Factor B We do not believe data support overuse of sage-grouse as a singular pp.1-2; Hepworth 1962, p. 6: Thorne et Greater sage-grouse are not used for factor in rangewide population declines. al. 1982, p. 338; Connelly et al. 2004, any commercial purpose. In Canada, We note, however, that in light of pp. 10-4 to 10-6; Petersen 2004, p. 50; hunting of sage-grouse is prohibited in present and threatened habitat loss Christiansen and Tate, in press, pp. 9- Alberta and Saskatchewan. In the (Factor A) and other considerations (e.g. 13). None of these parasites have been United States, sage-grouse hunting is West Nile virus outbreaks in local known to cause mortality in the greater regulated by State wildlife agencies and populations), continued close attention sage-grouse (Christiansen and Tate, in hunting regulations are reevaluated will be needed by States and tribes to press, p. 8-13). Sub-lethal effects of yearly. We have no information that carefully manage hunting mortality, these parasitic infections on sage-grouse suggests any change will occur in the including adjusting seasons and have never been studied. current situation, in which hunting Greater sage-grouse host many allowable harvest levels, and imposing greater sage-grouse is prohibited in external parasites, including lice, ticks, emergency closures if needed. Washington and allowed elsewhere in and dipterans (midges, flies, In sum, we find that this threat is not the range of the species in the U.S. mosquitoes, and keds) (Connelly et al. significant to the species such that it under State regulations, which provide 2004, pp. 10-6 to 10-7). Most causes the species to warrant listing a basis for adjustments in annual ectoparasites do not produce disease, under the Act. harvest and emergency closures of but can serve as disease vectors or cause hunting seasons. We have no evidence Factor C: Disease and Predation mechanical injury and irritation (Thorne suggesting that gun and bow sport et al. 1982, p. 231). Ectoparasites can be Disease hunting has been a primary cause of detrimental to their hosts, particularly range-wide declines of the greater sage- Greater sage-grouse are hosts for a when the bird is stressed by inadequate grouse in the past, or that it currently is variety parasites and diseases, including habitat or nutritional conditions at level that poses a significant threat to macroparasitic arthropods, helminths (Petersen 2004, p. 39). Some studies the species. However, although harvest and microparasites (protozoa, bacteria, have suggested that lice infestations can as a singular factor does not appear to viruses and fungi) (Thorne et al. 1982, affect sage-grouse mate selection (Boyce threaten the species throughout its p. 338; Connelly et al. 2004, pp. 10-4 to 1990, p. 266; Spurrier et al. 1991, p. 12; range, negative impacts on local 10-7; Christiansen and Tate, in press, p. Deibert 1995, p. 37), but population populations have been demonstrated 2). However, there have been few impacts are not known (Connelly et al. and there remains a large amount of systematic surveys for parasites or 2004, p. 10-6). uncertainty regarding harvest impacts infectious diseases of greater sage- Only a few parasitic infections in because of a lack of experimental grouse; therefore, whether they have a greater sage-grouse have been evidence and conflicting studies. role in population declines is unknown documented to result in fatalities, Significant habitat loss and (Connelly et al. 2004, p. 10-3; including the protozoan, Eimeria spp. fragmentation have occurred during the Christiansen and Tate, in press, p. 3). (coccidiosis) (Connelly et al. 2004, p.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13967

10-4), and possibly ixodid ticks either fatal or widespread. Other documented in several species (McLean (Haemaphysalis cordeilishas). Mortality bacteria found in sage-grouse include 2006, pp. 54, 59) including the greater is not 100 percent with coccidiosis, and avian tuberculosis (Mycobacterium sage-grouse (Walker and Naugle in young birds that survive an initial avium), and avian cholera (Pasteurella press, p. 13; Cornish 2009b, pers. infection typically do not succumb to multocida). These bacteria have never comm.). The frequency of direct subsequent infections (Thorne et al. been identified as a cause of mortality transmission has not been determined 1982, p. 112). Infections also tend to be in greater sage-grouse and the risk of (McLean 2006, p. 54). localized to specific geographic areas. exposure and hence, population effects, Impacts of WNv on the bird host Most cases of coccidiosis in greater sage- is low (Connelly et al. 2004, p. 10-7 to varies by species with some species grouse have been found where large 10-8). being relatively unaffected (e.g., numbers of birds congregated, resulting Sage-grouse afflicted with coccidiosis common grackles (Quiscalus quiscula)) in soil and water contamination by fecal in Wyoming also were positive for and others experiencing mortality rates material (Scott 1940, p. 45; Honess and Escherichia coli (Honess and Post 1968, of up to 68 percent (e.g., American crow Post 1968, p. 20; Connelly et al. 2004, p. 17). This bacterium is not believed to (Corvus brachyrhynchos)) (Walker and p. 10-4; Christiansen and Tate, in press, be a threat to wild populations of greater Naugle in press, p. 4, and references p. 3). While the role of this parasite in sage-grouse (Christiansen and Tate, in therein). Greater sage-grouse are population regulation is unknown, press, p. 15), as it has only been shown considered to have a high susceptibility Petersen (2004, p. 47) hypothesized that to cause acute mortality in captive birds to WNv, with resultant high levels of coccidiosis could be limiting for local kept in unsanitary conditions (Friend mortality (Clark et al. 2006, p. 19; populations, as this parasite causes 1999, p. 125). One death from McLean 2006, p. 54). decreased growth and resulted in Clostridium perfringens has been In sagebrush habitats, WNv significant mortality in young birds, recorded in a free-ranging adult male transmission is primarily regulated by thereby potentially limiting recruitment. sage-grouse in Oregon (Hagen and environmental factors, including However, no cases of sage-grouse Bildfell 2007, p. 545). Friend (1999, p. temperature, precipitation, and mortality resulting from coccidiosis 123) mentions that outbreaks of anthropogenic water sources, such as have been documented since the early Clostridum have been reported in stock ponds and coal-bed methane 1960s (Connelly et al. 2004, p. 10-4), greater sage-grouse, but the only ponds, that support the mosquito with the exception of two yearlings information we located were two deaths vectors (Reisen et al. 2006, p. 309; being held in captivity (Cornish 2009a, reported from northeastern Wyoming Walker and Naugle in press, pp. 10-12). pers. comm.). One hypothesis for the (Cornish 2009a, pers. comm.). Cold ambient temperatures preclude apparent decline in occurrences of Christiansen and Tate (in press, p. 14) mosquito activity and virus coccidiosis is the reduced density of caution that given the persistence of this amplification, so transmission to and in sage-grouse, limiting the spread of the bacterium’s spores in the soil, the sage-grouse is limited to the summer disease (Christiansen and Tate, in press, resulting necrotic enteritis, especially (mid-May to mid-September) (Naugle et p. 14). when coupled with coccidiosis, may be al. 2005, p. 620; Zou et al. 2007, p. 4), The only mortalities associated with a concern in small isolated populations. with a peak in July and August (Walker ixodid ticks were found in association One case of aspergillosis, a fungal and Naugle in press, p. 10). Reduced with a tularemia (Francisella tularenis) disease, has been documented in sage- and delayed WNv transmission in sage- outbreak in Montana (Parker et al. 1932, grouse, but there is no evidence to grouse has occurred in years with lower p. 480; Christiansen and Tate, in press, suggest this fungus plays a role in summer temperatures (Naugle et al. p. 7). The sage-grouse mortality was limiting greater sage-grouse populations 2005, p. 621; Walker et al. 2007b, p. likely from the pathological effects of (Connelly et al. 2004, p. 10-8; Petersen 694). In non-sagebrush ecosystems, high the abnormally high number of feeding 2004, p. 45). Sage-grouse habitats are temperatures associated with drought ticks found on the birds, as well as generally incompatible with the ecology conditions increase WNv transmission tularemia infection itself (Christiansen of this disease due to their arid by allowing for more rapid larval and Tate, in press, p.15). No other conditions. mosquito development and shorter virus reports of tularemia have been recorded Viruses could cause serious diseases incubation periods (Shaman et al. 2005, in greater sage-grouse (Christiansen and in grouse species and potentially p.134; Walker and Naugle in press, p. Tate, in press, p. 15). influence population dynamics 11). Greater sage-grouse congregate in Greater sage-grouse also are subject to (Petersen 2004, p. 46). However, prior to mesic habitats in the mid-late summer a variety of bacterial, fungal, and viral 2002, only avian infectious bronchitis (Connelly et al. 2000, p. 971) thereby pathogens. The bacteria Salmonella spp. (caused by a coronavirus) had been increasing the risk of exposure to has caused mortality in the greater sage- identified in the greater sage-grouse mosquitoes. If WNv outbreaks coincide grouse and was apparently contracted during necropsy. No clinical signs of the with drought conditions that aggregate through of exposure to contaminated disease were observed. birds in habitat near water sources, the water supplies around livestock stock West Nile virus was introduced into risk of exposure to WNv will be elevated tanks (Connelly et al. 2004, p. 10-7). the northeastern United States in 1999 (Walker and Naugle in press, p. 11). However, it is unlikely that diseases and has subsequently spread across Greater sage-grouse inhabiting higher associated with Salmonella spp. pose a North America (Marra et al. 2004, elevation sites in summer are likely less significant risk to sage-grouse unless p.394). This virus is thought to have vulnerable to contracting WNv than environmental conditions concentrate caused millions of wild bird deaths birds at lower elevation as ambient birds, resulting in contamination of since its introduction (Walker and temperatures are typically cooler limited water supplies by accumulated Naugle in press, p. 4), but most WNv (Walker and Naugle in press, p. 11). fecal material (Christiansen and Tate, in mortality goes unnoticed or unreported Greater sage-grouse populations in press, p. 15). A tentative documentation (Ward et al. 2006, p. 101). The virus northwestern Colorado and western of Mycoplasma spp. in sage-grouse is persists largely within a mosquito-bird- Wyoming are examples of high known from Colorado (Hausleitner mosquito infection cycle (McLean 2006, elevation populations with lower risk 2003, p. 147), but we found no other p. 45). However, direct bird-to-bird for impacts from WNv (Walker and information to suggest this bacterium is transmission of the virus has been Naugle in press, p. 26). Also, due to

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13968 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

summer temperatures generally being August, the peak of WNv occurrence, several areas of Idaho and along the lower in more northerly areas, sage- than birds in non-exposed populations Idaho-Nevada border (over 55 birds) grouse populations that are in (Connelly et al. 2004, p. 10-9; Naugle et (Walker and Naugle in press, p. 18). geographically more northern al. 2004, p. 711). Subsequent declines in While most of the carcasses had populations my be less susceptible than both male and female lek attendance in decomposed and, therefore, were not those at similar elevations farther south infected areas in 2004 compared with testable, results for the few that were (Naugle et al. 2005, cited in Walker and years before WNv suggest outbreaks tested showed that they died from WNv. Naugle in press, p. 11). Climate change could contribute to local population Mortality rates in these areas were not could result in increased temperatures extirpation (Walker et al. 2004, p. 4). calculated. However, the hunting season and thus potentially exacerbate the One outbreak near Spotted Horse, in Owyhee County, Idaho, was closed prevalence of WNv, and thereby impacts Wyoming in 2003 was associated with that year due to the large number of on greater sage-grouse, but this risk also the subsequent extirpation of the local birds that succumbed to the disease depends on complex interactions with breeding population, with five leks (USGS 2006, p. 1; Walker and Naugle in other environmental factors including affected by the disease becoming press, p. 18). precipitation and distribution of inactive within 2 years (Walker and In 2007, a WNv outbreak in South suitable water (Walker and Naugle in Naugle in press, p. 16). Lek surveys in Dakota contributed to a 44-percent press, p. 12). northeastern Wyoming in 2004 mortality rate among 80 marked females The primary vector of WNv in indicated that regional sage-grouse (Walker and Naugle in press, p. 18). sagebrush ecosystems is Culex tarsalis populations did not decline, suggesting Juvenile mortality rates in 2007 in the (Naugle et al. 2004, p. 711; Naugle et al. that the initial effects of WNv were same area ranged from 20.8 to 62.5 2005, p. 617; Walker and Naugle in localized (WGFD, unpublished data, percent (Kaczor 2008, p. 63), reducing press, p. 6). Individual mosquitoes may 2004b). recruitment the subsequent spring by 2 disperse as much as 18 km (11.2 mi) Eight sage-grouse deaths resulting to 4 percent (Kaczor 2008, p. 65). (Miller 2009, pers. comm.; Walker and from WNv were identified in 2004: four Twenty-six percent of radio-marked Naugle in press, p. 7). This mosquito from the Powder River Basin area of females in northeastern Montana died species is capable of overwinter survival northeastern Wyoming and southeastern during a 2– period immediately and, therefore, can emerge as infected Montana, one from the northwestern following the first detection of WNv in adults the following spring (Walker and Colorado, near the town of Yampa, and mosquito pools. Two of those females Naugle in press, p. 8 and references three in California (Naugle et al. 2005, were confirmed dead from WNv (Walker therein), thereby decreasing the time for p. 618). Fewer other susceptible hosts and Naugle in press, p. 18). In the disease cycling (Miller 2009, pers. succumbed to the disease in 2004, Powder River Basin, WNv-related comm.). This ability may increase the suggesting that below average mortality among 85 marked females was occurrence of this virus at higher precipitation and summer temperatures between 8 and 21 percent (Walker and elevation populations or where ambient may have limited mosquito production Naugle in press, p. 18). A 52-percent temperatures would otherwise be and disease transmission rates (Walker decline in the number of males insufficient to sustain the entire and Naugle in press, pp. 16-17). attending leks in North Dakota between mosquito-virus cycle. However, survival rates in greater sage- 2007 and 2008 also were associated In greater sage-grouse, mortality from grouse in July and September of that with WNv mortality in 2007 that WNv occurs at a time of year when year were consistently lower in areas prompted the State wildlife agency to survival is otherwise typically high for with confirmed WNv mortalities than close the hunting season in 2008 (North adult females (Schroeder et al. 1999, those without (avg. 0.86 and 0.96, Dakota Game and Fish 2008, entire) and p.14; Aldridge and Brigham 2003, p. respectively; Walker and Naugle in 2009 (Robinson 2009, pers. comm.). The 30), thus potentially making these press, p. 17). There were no Duck Valley Indian Reservation along deaths additive and reducing average comprehensive efforts to track sage- the border of Nevada and Idaho closed annual survival (Naugle et al. 2005, p. grouse mortalities outside of these areas, their hunting season in 2006 due to 621). WNv has been identified as a so the actual distribution and extent of population declines resulting from WNv source of additive mortality in WNv in sage-grouse in 2004 is unknown (Gossett 2008, pers. comm.). WNv is still American white pelicans (Pelecanus (70 FR 2270). present in that area, with continued erythrorhynchos) in the northern plains Mortality rates from WNv in population declines (50.3 percent of breeding colonies (Montana, North northeastern Wyoming and southeastern average males per lek from 2005 to Dakota and South Dakota), and its Montana (MZ I) were between 2.4 2008) (Dick 2008, p. 2), and the hunting continued impact has the potential to (estimated minimum) and 28.9 percent season remains closed. The hunting severely impact the entire pelican (estimated maximum) in 2005 (Walker season was closed in most of the population (Sovada et al. 2008, p. 1030). et al. 2007b, p. 693). Sage-grouse adjacent Owyhee County, Idaho for the WNv was first detected in 2002 as a mortalities also were reported in same reason in both 2008 and 2009 cause of greater sage-grouse mortalities California, Nevada, Utah, and Alberta, (Dick 2008, pers. comm.; IDFG 2009). in Wyoming (Walker and Naugle in but no mortality rates were calculated Only Wyoming reported WNv press, p. 15). Data from four studies in (Walker and Naugle in press, p. 17). mortalities in sage-grouse in 2008 the eastern half of the sage-grouse range Mortality rates in 2006 in northeastern (Cornish 2009c, pers. comm.). However, (Alberta, Montana, and Wyoming; MZ I) Wyoming ranged from 5 to15 percent of with the exceptions of Colorado, showed survival in these populations radio-marked females (Walker and California, and Idaho, research on sage- declined 25 percent in July and August Naugle in press, p. 17). Mortality rates grouse in other States is limited, of 2003 as a result of the WNv infection in South Dakota among radio-marked minimizing the ability to identify (Naugle et al. 2004, p. 711). Populations juvenile sage-grouse ranged between 6.5 mortalities from the disease, or recover of sage-grouse that were not affected by and 71 percent in the same year (Kaczor infected birds before tissue deterioration WNv showed no similar decline. 2008, p. 63). Large sage-grouse mortality precludes testing. Three sage-grouse Additionally, individual sage-grouse in events, likely the result of WNv, were deaths were confirmed in 2009 in exposed populations were 3.4 times reported in the Jordan Valley and near Wyoming (Cornish 2009c, pers. comm.), more likely to die during July and Burns, Oregon (over 60 birds), and in two in Idaho (Moser 2009, pers. comm.)

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13969

and one other is suspected in Utah white pelicans has been attributed to increase of small coal-bed natural gas (Olsen 2009, pers. comm.). WNv (Sovada et al. 2008, p.1030). water discharge ponds (Zou et al. 2006, Greater sage-grouse deaths resulting Several variants of WNv have p. 1034). Additionally, water from WNv have been detected in 10 emerged since the original identification developments installed in arid States and 1 Canadian province. To of the disease in the United States in sagebrush landscapes to benefit wildlife date, no sage-grouse mortality from 1999. One variant, termed NY99, has continue to be common. Several WNv has been identified in either proven to be more virulent than the scientists have expressed concern Washington State or Saskatchewan. original virus strain of WNv, increasing regarding the potential for exacerbating However, it is likely that sage-grouse the frequency of disease cycling (Miller WNv persistence and spread due to the have been infected in Saskatchewan 2009, pers. comm.). This constant proliferation of surface water features based on known patterns of sage-grouse evolution of the virus could limit (e.g., Friend et al., 2001, p. 298; Zou et in infected areas of Montana (Walker resistance development in the greater al. 2006, p.1040; Walker et al. 2007b, p. and Naugle in press, p. 15). Also, WNv sage-grouse. 695; Walker and Naugle in press, p. 27). has been detected in other species Walker and Naugle (in press, pp. 20- Walker et al. (2007a, p. 694) concluded within the range of greater sage-grouse 24) modeled variability in greater sage- that impacts from WNv will depend less in Washington (USGS 2009). grouse population growth for the next on resistance to the disease than on In 2005, we reported that there was 20 years based on current conditions temperatures and changes in vector under three WNv impact scenarios. little evidence that greater sage-grouse distribution. Zou et al. (2006, p. 1040) These scenarios included: (1) no can survive a WNv infection (70 FR cautioned that the continuing mortalities from WNv; (2) WNv- related 2270). This conclusion was based on the development of coal-bed natural gas mortality based on rates of observed lack of sage-grouse found to have facilities in Wyoming and Montana infection and mortality rate data from antibodies to the virus and from contributes to maintaining, and possibly 2003 to 2007; and (3) WNv-related laboratory studies in which all sage- increasing WNv on that landscape mortality with increasing resistance to grouse exposed to the virus, at varying through the maintenance and the disease over time. The addition of doses, died within 8 days or less (70 FR proliferation of surface water. WNv-related mortality (scenario 2) The long-term response of different 2270; Clark et al. 2006, p. 17). These resulted in a reduction of population sage-grouse populations to WNv data suggested that sage-grouse do not growth. The proportion of resistant infections is expected to vary markedly develop a resistance to the disease, and individuals in the modeled population depending on factors that influence death is certain once an individual is increased marginally over the 20–year exposure and susceptibility, such as exposed (Clark et al. 2006, p. 18). projection periods, from 4 to 15 percent, temperature, land uses, and sage-grouse However, 6 of 58 females (10.3 percent) under the increasing resistance scenario population size (Walker and Naugle in birds captured in the spring of 2005 in (scenario 3). While this increase in the press, p. 25). Small, isolated, or northeastern Wyoming and southeastern proportion of resistant individuals did genetically limited populations are at Montana were seropositive for reduce the projected WNv rates, the higher risk as an infection may reduce neutralizing antibodies, which suggests authors caution that the presence of population size below a threshold they were exposed to the virus the neutralizing antibodies in the live birds where recovery is no longer possible, as previous fall and survived an infection. does not always indicate that these birds observed with the extirpated population Additional, but significantly fewer (2 of are actually resistant to infection and near Spotted Horse, Wyoming (Walker 109, or 1.8 percent) seropositive females disease (Walker and Naugle in press, p. and Naugle in press, p. 25). Larger were found in the spring of 2006 25). populations may be able to absorb (Walker et al. 2007b, p. 693). Of Additional models predicting the impacts resulting from WNv as long as approximately 1,400 serum tests on prevalence of WNv suggest that new the quality and extent of available sage-grouse from South Dakota, sources of anthropogenic surface waters habitat supports positive population Montana, Wyoming and Alberta, only 8 (e.g., coal-bed methane discharge growth (Walker and Naugle in press, p. tested positive for exposure to WNv ponds), increasing ambient 25). However, impacts from this disease (Cornish 2009dpers. comm.), suggesting temperatures, and a mosquito parasite may act synergistically with other that survival is extremely low. that reduces the length of time the virus stressors resulting in reduction of Seropositive birds have not been is present in the vector before the population size, bird distribution, or reported from other parts of the species’ mosquito can spread the virus all persistence (Walker et al. 2007a, p. range (Walker and Naugle in press, p. suggest the impacts of this disease are 2652). WNv persists on the landscape 20). likely to increase (Miller 2008, pers. after it first occurs as an epizootic, The duration of immunity conferred comm.). However, the extent to which suggesting this virus will remain a long- by surviving an infection is unknown this will occur, and where, is unclear term issue in affected areas (McLean (Walker and Naugle in press, p. 20). It and difficult to predict because several 2006, p. 50). also is unclear whether sage-grouse have conditions that support the WNv cycle Proactive measures to reduce the sub-lethal or residual effects resulting must coincide for an outbreak to occur. impact of WNv on greater sage-grouse from a WNv infection, such as reduced Human-created water sources in sage- have been limited and are typically productivity or overwinter survival grouse habitat known to support economically prohibitive. Fowl vaccines (Walker et al. 2007b, p. 694). Other bird breeding mosquitoes that transmit WNv used on captive sage-grouse were largely species infected with WNv have been include overflowing stock tanks, stock ineffective (mortality rates were reduced documented to suffer from chronic ponds, irrigated agricultural fields, and from 100 to 80 percent in five birds) symptoms, including reduced mobility, coal-bed natural gas discharge ponds (Clark et al. 2006, p. 17; Walker and weakness, disorientation, and lack of (Zou et al. 2006, p. 1035). For example, Naugle in press, p. 27). Development of vigilance (Marra et al. 2004, p. 397; from 1999 through 2004, potential a sage-grouse specific vaccine would Nemeth et al. 2006, p. 253), all of which mosquito habitats in the Powder River require a market incentive and may affect survival, reproduction, or Basin of Wyoming and Montana development of an effective delivery both (Walker and Naugle in press, p. increased 75 percent (619 ha to 1084.5 mechanism for large numbers of birds. 20). Reduced productivity in American ha; 1259 ac to 2680) primarily due to the Currently, the delivery mechanism is

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13970 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

via intramuscular injection (Marra et al. WNv is likely to increase throughout the water throughout the range of the 2004, p. 399; Walker and Naugle in range of the species into the future. species will likely increase the press, p. 27), which is not feasible for prevalence of the virus in sage-grouse, Summary of Disease wild populations. Vaccinations would as predicted by Walker and Naugle (in likely only benefit the individuals Although greater sage-grouse are host press, pp. 20-24; see discussion above). receiving the vaccine, and not their to a wide variety of diseases and Areas with intensive energy offspring, so vaccination would have to parasites, few have resulted in development may be at a particularly occur on an annual basis (Walker and population effects, with the exception of high risk for continued WNv mortalities Naugle in press, p. 27, and references WNv. Many large losses from bacterial due to the development of surface water therein). and coccidial infections have resulted features, and the continued loss and Mosquito production from human- when large groups of grouse were fragmentation of habitats (see discussion created water sources could be restricted to limited habitats, such as of energy development above). Resultant minimized if water produced during springs and seeps in the late summer. If changes in temperature as a result of coal-bed natural gas development were these habitats become restricted due to climate change also may exacerbate the re-injected rather than discharged to the habitat losses and degradation, or prevalence of WNv and thereby impacts surface (Doherty 2007, p. 81). Mosquito changes in climate, these easily on greater sage-grouse unless they control programs for reducing the transmissible diseases may become develop resistance to the virus. number of adult mosquitoes may reduce more prevalent. Sub-lethal effects of With the exception of WNv, we could these disease and parasitic infections on the risk of WNv, but only if such find no evidence that disease is a sage-grouse have never been studied, methods are consistently and concern with regard to sage-grouse and, therefore, are unknown. persistence across the species’ range. appropriately implemented (Walker and Substantial new information on WNv Naugle in press, p. 28). Many coal-bed and impacts on the greater sage-grouse WNv is a significant mortality factor for natural gas companies in northeastern has emerged since we completed our greater sage-grouse when an outbreak Wyoming (MZ I) have identified use of finding in 2005. The virus is now occurs, given the bird’s lack of mosquito larvicides in their distributed throughout the species’ resistance and the continued management plans (Big Horn range, and affected sage-grouse proliferation of water sources Environmental Consultants in litt., populations experience high mortality throughout the range of the species. 2009, p. 3). However, we could find no rates with resultant, often large However, a complex set of information on the actual use of the reductions in local population numbers. environmental and biotic conditions larvicides or their effectiveness. One Infections in northeastern Wyoming, that support the WNv cycle must experimental treatment in the area did southeastern Montana, and the Dakotas coincide for an outbreak to occur. report that mosquito larvae numbers seem to be the most persistent, with Currently the annual patchy distribution were less in ponds treated with mortalities recorded in that area every of the disease is keeping the impacts at larvicides than those that were not (Big year since WNv was first detected in a minimum. The prevalence of this Horn Environmental Consultants in litt., sage-grouse. Limited information disease is likely to increase across the 2009, pp. 5-7) but statistical analyses suggests that sage-grouse may be able to species’ range. were not conducted. While none of the survive an infection; however, because We find that the threat of disease is sage-grouse mortalities in the treated of the apparent low level of immunity not significant to the point that the areas were due to WNv (Big Horn and continuing changes within the greater sage-grouse warrants listing Environmental Consultants 2009, p.3), virus, widespread resistance is unlikely. under the Act as threatened or the study design precluded actual cause There are few regular monitoring endangered at this time. and effect analyses; therefore, the results efforts for WNv in greater sage-grouse; Predation are inconclusive. The benefits of most detection is the result of research mosquito control in potentially reducing with radio-marked birds, or the Predation is the most commonly the incidence of WNv in sage-grouse incidental discovery of large mortalities. identified cause of direct mortality for need to be considered in light of the In Saskatchewan, where the greater sage-grouse during all life stages potential detrimental or cascading sage-grouse is listed as an endangered (Schroeder et al. 1999, p. 9; Connelly et ecological effects of widespread species, no monitoring for WNv occurs al. 2000b, p. 228; Connelly et al. in spraying (Marra et al. 2004, p. 401). (McAdams 2009, pers. comm.). Without press a, p. 23). However, sage-grouse Small populations, such as the a comprehensive monitoring program, have co-evolved with a variety of Columbia Basin area in Washington the extent and effects of this disease on predators, and their cryptic plumage State or the subpopulations within the greater sage-grouse rangewide cannot be and behavioral adaptations have Bi-State area along the California and determined. However, it is clear that allowed them to persist despite this Nevada border also may be at high risk WNv is persistent throughout the range mortality factor (Schroeder et al. 1999, of extirpation simply due to their low of the greater sage-grouse, and is likely p. 10; Coates 2008 p. 69; Coates and population numbers and the additive a locally significant mortality factor. We Delehanty 2008, p. 635; Hagen in press, mortality WNv causes (Christiansen and anticipate that WNv will persist within p. 3). Until recently, there has been little Tate, in press, p. 21). Larger populations sage-grouse habitats indefinitely, and published information that indicates may be better able to sustain losses from will remain a threat to greater sage- predation is a limiting factor for the WNv (Walker and Naugle in press, p. grouse until they develop a resistance to greater sage-grouse (Connelly et al. 25) simply due to their size. However, the virus. 2004, p. 10-1), particularly where as other impacts to grouse and their The most significant environmental habitat quality has not been habitats described under Factor A affect factors affecting the persistence of WNv compromised (Hagen in press, p. 3). these areas, these secure areas or sage- within the range of sage-grouse are Although many predators will consume grouse ‘‘refugia’’ also may be at risk (e.g., ambient temperatures and surface water sage-grouse, none specialize on the southwestern Wyoming, south-central abundance and development. The species (Hagen in press, p. 5). However, Oregon). Existing and developing continued development of generalist predators have the greatest models suggest that the occurrence of anthropogenic sources of warm standing effect on ground nesting birds because

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13971

predator numbers are independent of periods. Because sage-grouse are highly can influence overall greater sage-grouse prey density (Coates 2007, p. 4). polygynous with only a few males population numbers, as these two Major predators of adult sage-grouse breeding per year, sage-grouse groups contribute most significantly to include many species of diurnal raptors populations are likely more sensitive to population productivity (Baxter et al. (especially the golden eagle), red foxes, predation upon females. Predation of 2008, p. 185; Connelly et al, in press a, and bobcats (Lynx rufus) (Hartzler 1974, adult sage-grouse is low outside the p. 18). pp. 532-536; Schroeder et al. 1999, pp. lekking, nesting, and brood-rearing Nesting success of greater sage-grouse 10-11; Schroeder and Baydack 2001, p. season (Connelly et al. 2000b, p. 230; is positively correlated with the 25; Rowland and Wisdom 2002, p. 14; Naugle et al. 2004, p. 711; Moynahan et presence of big sagebrush and grass and Hagen in press, pp. 4-5). Juvenile sage- al. 2006, p. 1536; Hagen in press, p. 6). forb cover (Connelly et al. 2000, p. 971). grouse also are killed by many raptors Estimates of predation rates on Females actively select nest sites with as well as common ravens, badgers juveniles are limited due to the these qualities (Schroeder and Baydack (Taxidea taxus), red foxes, coyotes and difficulties in studying this age class 2001, p. 25; Hagen et al. 2007, p. 46). weasels (Mustela spp.) (Braun 1995, (Aldridge and Boyce 2007, p. 509; Nest predation appears to be related to entire; Schroeder et al. 1999, p. 10). Nest Hagen in press, p.8). Chick mortality the amount of herbaceous cover predators include badgers, weasels, from predation ranged from 27 percent surrounding the nest (Gregg et al. 1994, coyotes, common ravens, American to 51 percent in 2002 and 10 percent to p. 164; Braun 1995; DeLong et al. 1995, crows, and magpies (Pica spp.). Elk 43 percent in 2003 on three study sites p. 90; Braun 1998; Coggins 1998, p. 30; (Holloran and Anderson 2003, p.309) in Oregon (Gregg et al. 2003a, p. 15; Connelly et al. 2000b, p. 975; Schroeder and domestic cows (Bovus spp.) (Coates 2003b, p. 17). Mortality due to predation and Baydack 2001, p. 25; Coates and et al. 2008, pp. 425-426), have been during the first few weeks after hatching Delehanty 2008, p. 636). Loss of nesting observed to eat sage-grouse eggs. was estimated to be 82 percent (Gregg et cover from any source (e.g., grazing, fire) Ground squirrels (Spermophilus spp.) al. 2007, p. 648). Based on partial can reduce nest success and adult hen also have been identified as nest estimates from three studies, Crawford survival. However, Coates (2007, p. 149) predators (Patterson 1952, p. 107; et al. (2004, p. 4 and references therein) found that badger predation was Schroeder et al. 1999, p. 10; Schroeder reported survival of juveniles to their facilitated by nest cover as it attracts and Baydack 2001, p. 25), but recent first breeding season was low, small mammals, a badger’s primary data show that they are physically approximately 10 percent, and prey. Similarly, habitat alteration that incapable of puncturing eggs (Holloran predation was one of several factors reduces cover for young chicks can and Anderson 2003, p 309; Coates et al. they cited as affecting juvenile survival. increase their rate of predation 2008, p 426; Hagen in press, p. 6). However, Connelly et al, (in press a, p. (Schroeder and Baydack 2001, p. 27). Several other small mammals visited 19) point out that the estimate of 10 In a review of published nesting sage-grouse nests monitored by videos percent survival of juveniles likely is studies, Connelly et al. (in press a, p. 17) in Nevada, but none resulted in biased low, as at least two of the four reported that nesting success was predation events (Coates et al. 2008, p. studies that were the basis of this greater in unaltered habitats versus 425). Great Basin gopher snakes estimate were from areas with altered habitats. Where greater sage- (Pituophis catenifer deserticola) were fragmented or otherwise marginal grouse habitat has been altered, the observed at nests, but no predation habitat. influx of predators can decrease annual occurred. Sage-grouse nests are subject to recruitment into a population (Gregg et Adult male greater sage-grouse are varying levels of predation. Predation al. 1994, p. 164; Braun 1995; Braun very susceptible to predation while on can be total (all eggs destroyed) or 1998; DeLong et al. 1995, p. 91; the lek (Schroeder et al. 1999, p. 10; partial (one or more eggs destroyed). Schroeder and Baydack 2001, p. 28; Schroeder and Baydack 2000, p. 25; However, hens abandon nests in either Coates 2007, p. 2; Hagen in press, p. 7). Hagen in press, p. 5), presumably case (Coates, 2007, p. 26). Gregg et al. Ritchie et al. (1994, p. 125), Schroeder because they are very conspicuous (1994, p. 164) reported that over a 3– and Baydack (2001, p. 25), Connelly et while performing their mating displays. year period in Oregon, 106 of 124 nests al. (2004, p. 7-23), and Summers et al. Because leks are attended daily by (84 percent) were preyed upon (Gregg et (2004, p. 523) have reported that numerous birds, predators also may be al. 1994, p. 164). Non-predated nests agricultural development, landscape attracted to these areas during the had greater grass and forb cover than fragmentation, and human populations breeding season (Braun 1995). Connelly predated nests. Patterson (1952, p.104) have the potential to increase predation et al. (2000b, p.228) found that among reported nest predation rates of 41 pressure on all life stages of greater sage- 40 radio-collared males, 83 percent of percent in Wyoming. Holloran and grouse by forcing birds to nest in less the mortality was due to predation and Anderson (2003, p. 309) reported a suitable or marginal habitats, increasing 42 percent of those mortalities occurred predation rate of 12 percent (3 of 26) in travel time through habitats where they during the lekking season (March Wyoming. In a 3–year study involving are vulnerable to predation, and through June). Adult female greater four study sites in Montana, Moynahan increasing the diversity and density of sage-grouse are susceptible to predators et al. (2007, p. 1777) attributed 131 of predators. while on the nest but mortality rates are 258 (54 percent) of nest failures to Abundance of red fox and corvids, low (Hagen in press, p. 6). Hens will predation in Montana, but the rates may which historically were rare in the abandon their nest when disturbed by have been inflated by the study design sagebrush landscape, has increased in predators (Patterson 1952, p. 110), likely (Connelly et al. in press a, p. 17). Re- association with human-altered reducing this mortality (Hagen in press, nesting efforts may compensate for the landscapes (Sovada et al. 1995, p. 5). In p. 6). Connelly et al. (2000b, p. 228) loss of nests due to predation the Strawberry Valley of Utah, low found that among 77 radio-collared (Schroeder 1997, p. 938), but re-nesting survival of greater sage-grouse may have adult hens that died, 52 percent of the rates are highly variable (Connelly et al. been due to an unusually high density mortality was due to predation, and 52 in press a, p. 16). Therefore, re-nesting of red foxes, which apparently were percent of those mortalities occurred is unlikely to offset losses due to attracted to that area by anthropogenic between March and August, which predation. Losses of breeding hens and activities (Bambrough et al. 2000). includes the nesting and brood-rearing young chicks to predation potentially Ranches, farms, and housing

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13972 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

developments have resulted in the within a sage-grouse nesting area may apparently transient birds from introduction of nonnative predators negatively affect sage-grouse neighboring sites repopulated the including domestic dogs (Canis productivity without causing direct removal area (Coates 2007, p. 151). domesticus) and cats (Felis domesticus) mortality. Coates (2007, p. 85-86) Additionally, badger predation into greater sage-grouse habitats suggested that ravens may reduce the appeared to partially compensate for (Connelly et al. 2004, p. 7-23). Local time spent off the nest by female sage- decreases in raven removal (Coates attraction of ravens to nesting hens may grouse, thereby potentially 2007, p. 152). In their review of be facilitated by loss and fragmentation compromising their ability to secure literature regarding predation, Connelly of native shrublands, which increases sufficient nutrition to complete the et al. (2004, p. 10-1) noted that only two exposure of nests to potential predators incubation period. of nine studies examining survival and (Aldridge and Boyce 2007, p. 522; Bui As more suitable grouse habitat is nest success indicated that predation 2009, p. 32). The presence of ravens was converted to oil fields, agriculture and had limited a sage-grouse population by negatively associated with grouse nest other exurban development, grouse decreasing nest success, and both and brood fate (Bui 2009, p. 27). nesting and brood-rearing become studies indicated low nest success due Raven abundance has increased as increasingly spatially restricted (Bui to predation was ultimately related to much as 1500 percent in some areas of 2009, p. 32). High nest densities which poor nesting habitat. Bui (2009, pp. 36- western North America since the 1960s result from habitat fragmentation or 37) suggested removal of anthropogenic (Coates and Delehanty 2010, p. 244 and disturbance associated with the subsidies (e.g., landfills, tall structures) references therein). Human-made presence of edges, fencerows, or trails may be an important step to reducing structures in the environment increase may increase predation rates by making the presence of sage-grouse predators. the effect of raven predation, foraging easier for predators (Holloran Leu and Hanser (in press, p. 27) also particularly in low canopy cover areas, 2005, p. C37). In some areas even low argue that reducing the effects of by providing ravens with perches but consistent raven presence can have predation on sage-grouse can only be (Braun 1998, pp.145-146; Coates 2007, a major impact on sage-grouse effectively addressed by precluding p. 155; Bui 2009, p. 2). Reduction in reproductive behavior (Bui 2009, p. 32). these features. patch size and diversity of sagebrush Leu and Hanser (in press, pp. 24-25) habitat, as well as the construction of determined that the influence of the Summary of Predation fences, powerlines, and other human footprint in sagebrush Greater sage-grouse are adapted to infrastructure also are likely to ecosystems may be underestimated due minimize predation by cryptic plumage encourage the presence of the common to varying quality of spatial data. and behavior. Because sage-grouse are raven (Coates et al. 2008, p. 426; Bui Therefore, the influence of ravens and prey, predation will continue to be an 2009, p. 4). For example, raven counts other predators associated with human effect on the species. Where habitat is have increased by approximately 200 activities may be under-estimated. not limited and is of good quality, percent along the Falcon-Gondor Predator removal efforts have predation is not a threat to the transmission line corridor in Nevada sometimes shown short-term gains that persistence of the species. However, (Atamian et al. 2007, p. 2). Ravens may benefit fall populations, but not sage-grouse may be increasingly subject contributed to lek disturbance events in breeding population sizes (Cote and to levels of predation that would not the areas surrounding the transmission Sutherland 1997, p. 402; Hagen in press, normally occur in the historically line (Atamian et al. 2007, p. 2), but as p. 9; Leu and Hanser in press, p. 27). contiguous unaltered sagebrush a cause of decline in surrounding sage- Predator removal may have greater habitats. The impacts of predation on grouse population numbers, it could not benefits in areas with low habitat greater sage-grouse can increase where be separated from other potential quality, but predator numbers quickly habitat quality has been compromised impacts, such as WNv. rebound without continual control by anthropogenic activities (such as Holloran (2005, p. 58) attributed (Hagen in press, p. 9). Red fox removal exurban development, road increased sage-grouse nest depredation in Utah appeared to increase adult sage- development) (e.g. Coates 2007, p. 154, to high corvid abundances, which grouse survival and productivity, but 155; Bui 2009, p. 16; Hagen in press, p. resulted from anthropogenic food and the study did not compare these rates 12). Landscape fragmentation, habitat perching subsidies in areas of natural against other non-removal areas, so degradation, and human populations gas development in western Wyoming. inferences are limited (Hagen in press, have the potential to increase predator Bui (2009, p. 31) also found that ravens p. 11). Slater (2003, p. 133) populations through increasing ease of used road networks associated with oil demonstrated that coyote control failed securing prey and subsidizing food fields in the same Wyoming location for to have an effect on greater sage-grouse sources and nest or den substrate. Thus, foraging activities. Holmes (unpubl. nesting success in southwestern otherwise suitable habitat may change data) also found that common raven Wyoming. However, coyotes may not be into a habitat sink for grouse abundance increased in association with an important predator of sage-grouse. In populations (Aldridge and Boyce 2007, oil and gas development in a coyote prey base analysis, Johnson and p. 517). Anthropogenic influences on southwestern Wyoming. The influence Hansen (1979, p. 954) showed that sage- sagebrush habitats that increase of synanthropic predators in the grouse and bird egg shells made up a suitability for ravens may limit sage- Wyoming Basin is important as this area very small percentage (0.4-2.4 percent) grouse populations (Bui 2009, p. 32). has one of the few remaining clusters of of analyzed scat samples. Additionally, Current land-use practices in the sagebrush landscapes and the most coyote removal can have unintended intermountain West favor high predator highly connected network of sage- consequences resulting in the release of (in particular, raven) abundance relative grouse leks (Knick and Hanser in press, mesopredators, many of which, like the to historical numbers (Coates et al. p.18). Raven abundance was strongly red fox, may have greater negative 2008, p. 426). The interaction between associated with sage-grouse nest failure impacts on sage-grouse (Mezquida et al. changes in habitat and predation may in northeastern Nevada, with resultant 2006, p. 752). Removal of ravens from have substantial effects at the landscape negative effects on sage-grouse an area in northeastern Nevada caused level (Coates 2007, p. 3). reproduction (Coates 2007, p. 130). The only short-term reductions in raven The studies presented here suggest presence of high numbers of predators populations (less than 1 year) as that, in areas of intensive habitat

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13973

alteration and fragmentation, sage- that support the WNv cycle must contacts from across the range of the grouse productivity and, therefore, coincide for an outbreak to occur. species to identify local regulations that populations could be negatively affected Where habitat is not limited and is of may provide protection to the greater by increasing predation. Predators could good quality, predation is not a sage-grouse. We identified only one already be limiting sage-grouse significant threat to the species. We are regulation at the local level that populations in southwestern Wyoming concerned that continued landscape specifically addresses sage-grouse. and northeastern Nevada (Coates 2007, fragmentation will increase the effects of Washington County, Idaho, Planning p. 131; Bui 2009, p. 33). predation on this species, potentially and Zoning has developed a draft The influence of synanthropic resulting in a reduction in sage-grouse Comprehensive Plan which states that predators in southwestern Wyoming productivity and abundance in the ‘‘Sage Grouse leks...and a buffer around may be particularly significant as this future. However, there is very limited those leks, shall be protected from the area has one of the few remaining information on the extent to which such disruption of development’’ sagebrush landscapes and the most effects might be occurring. Studies of (Washington County, 2009, p. 27). As highly connected network of sage- the effectiveness of predator control this plan is still incomplete, and the grouse leks (Wisdom et al. in press, p. have failed to demonstrate an inverse final buffer distance has not been 24). Unfortunately, except for the few relationship between the predator identified, it cannot currently provide studies presented here, data are lacking numbers and sage-grouse nesting the necessary regulatory provisions to that definitively link sage-grouse success or population numbers, i.e., be considered further. Sage-grouse were population trends with predator predator removal activities have not mentioned in other county and local abundance. However, where habitats resulted in increased populations. plans across the range, and some general have been altered by human activities, Mortality due to nest predation by recommendations were made regarding we believe that predation could be ravens or other human-subsidized effects to sage-grouse associated with limiting local sage-grouse populations. predators is increasing in some areas, land uses. However, we could find no As more habitats face development, but there is no indication this is causing other examples of county-planning and even dispersed development, we expect a significant rangewide decline in enforceable zoning regulations specific the risk of increased predation to population trends. Based on the best to sage-grouse. spread, possibly with negative effects on scientific and commercial information the sage-grouse population trends. available, we conclude that predation is State Laws and Regulations Studies of the effectiveness of predator not a significant threat to the species State laws and regulations may control have failed to demonstrate an such that the species requires listing impact sage-grouse conservation by inverse relationship between the under the Act as threatened or providing specific authority for sage- predator numbers and sage-grouse endangered. grouse conservation over lands which nesting success or populations numbers. are directly owned by the State; Except in localized areas where Factor D: Inadequacy of Existing providing broad authority to regulate habitat is compromised, we found no Regulatory Mechanisms and protect wildlife on all lands within evidence to suggest predation is limiting Under this factor, we examine their borders; and providing a greater sage-grouse populations. whether threats to the greater sage- mechanism for indirect conservation However, landscape fragmentation is grouse are adequately addressed by through regulation of threats to the likely contributing to increased existing regulatory mechanisms. species (e.g. noxious weeds). predation on this species. Existing regulatory mechanisms that In general, States have broad authority could provide some protection for to regulate and protect wildlife within Summary of Factor C greater sage-grouse include: (1) local their borders. All State wildlife agencies With regard to disease, the only land use laws, processes, and across the range of the species manage concern is the potential effect of WNv. ordinances; (2) State laws and greater sage-grouse as resident native This disease is distributed throughout regulations; and (3) Federal laws and game birds except for Washington the species’ range and affected sage- regulations. Regulatory mechanisms, if (Connelly et al. 2004, p. 6-3). In grouse populations experience high they exist, may preclude listing if such Washington, the species has been listed mortality rates (near 100 percent mechanisms are judged to adequately as a State-threatened species since 1998 lethality), with resultant reductions in address the threat to the species such and is managed in accordance with the local population numbers. Risk of that listing is not warranted. Conversely, State’s provisions for such species exposure varies with factors such as threats on the landscape are exacerbated (Stinson et al. 2004, p. 1). For example, elevation, precipitation regimes, and when not addressed by existing killing greater sage-grouse is banned in temperature. The continued regulatory mechanisms, or when the Washington, and State-owned development of anthropogenic water existing mechanisms are not adequate agricultural and grazing lands must sources throughout the range of the (or not adequately implemented or adhere to standards regarding upland species, some of which are likely to enforced). plant and vegetative community health provide suitable conditions for breeding that protect habitat for the species mosquitoes that are part of the WNv Local Land Use Laws, Processes, and (Stinson et al. 2004, p. 55). However, cycle, will likely increase the Ordinances lands owned by the Washington prevalence of the virus in sage-grouse. Approximately 31 percent of the Department of Natural Resources We anticipate that WNv will persist sagebrush habitats within the sage- continue to be converted from sagebrush within sage-grouse habitats indefinitely grouse MZs are privately owned (Table habitat to croplands (Stinson et al. 2004, and may be exacerbated by factors (e.g., 3; Knick in press, p. 39) and are subject p. 55), which results in a loss of habitat climate change) that increase ambient only to local regulations unless Federal for sage-grouse. Therefore, the temperatures and the presence of the actions are associated with the property provisions to protect sage-grouse in this vector on the landscape. The occurrence (e.g., wetland modification, Federal State do not provide adequate of WNv occurrence is sporadic across subsurface owner). We conducted protections for us to consider. the species’ range, and a complex set of extensive internet searches and All States across the range of greater environmental and biotic conditions contacted State and local working group sage-grouse have laws and regulations

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13974 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

that identify the need to conserve infeasible (CEQA section 21002). In the not be required to follow the wildlife populations and habitat, latter case, projects may be approved stipulations. The application of the including greater sage-grouse (Connelly that cause significant environmental Governor’s order to the Wyoming ISC et al. 2004, p. 2-22-11). As an example, damage, such as destruction of has the potential to provide significant in Colorado, ‘‘wildlife and their endangered species, their habitat, or regulatory protection for sage-grouse environment’’ are to be protected, their continued existence. Therefore, from adverse effects associated with preserved, enhanced and managed protection of listed species through wind development (see Energy, Factor (Colorado Revised Statutes, Title 33, CEQA is dependent upon the discretion A) and other developments. Article 1–101 in Connelly et al. 2004, p. of the agency involved, and cannot be There is still some uncertainty 2-3). Laws and regulations in Oregon, considered adequate protection for sage- regarding what protective stipulations Idaho, South Dakota, and California grouse. will be applied to wind siting have similar provisions (Connelly et al. In Wyoming, the Governor issued an applications. The State of Wyoming has 2004, pp. 2-2 to 2-4, 2-6 to 2-8). executive order on August 1, 2008, indicated that it will enforce the However, these laws and regulations are mandating special management for all Executive Order where applicable, and general in nature and have not provided State lands within sage-grouse ‘‘Core on August 7, 2009, the Wyoming State the protection to sage-grouse habitat Population Areas’’ (State of Wyoming Board of Land Commissioners voted to necessary to protect the species from the 2008, entire). Core Population Areas are withdraw approximately 400,000 ha threats described in Factor A above. important breeding areas for sage-grouse (approximately 1 million ac) of land All of the states within the range of in Wyoming as identified by the within the sage-grouse core areas from the sage-grouse have state school trust Wyoming ‘‘Governor’s Sage-Grouse potential wind development (State of lands that they manage for income to Implementation Team.’’ In addition to Wyoming 2008, entire). The withdrawal support their schools. With the identifying Core Population Areas, the order states that ‘‘there is no published exception of Wyoming (see discussion Team also recommended stipulations research on the specific impacts of wind below), none of the states have specific that should be placed on development energy on sage-grouse,’’ and further regulations to ensure that the activities to ensure that existing habitat states that permitting for wind management of the state trust lands is function is maintained within those development should require data consistent with the needs of sage- areas. Accordingly, the executive order collection on the potential effects of grouse. Thus there are currently no prescribes special consideration for wind on sage-grouse. This action regulatory mechanisms on state trust sage-grouse, including authorization of demonstrates a significant action in the lands to ensure conservation of the new activities only when the project State of Wyoming to address future species. proponent can identify that the activity development activities in core areas. On September 26, 2008, the Governor will not cause declines in greater sage- Wyoming’s executive order does of Nevada signed an executive order grouse populations, in the Core allow oil and gas leases on State lands calling for the preservation and Population Areas. These protections within core areas, provided those protection of sage-grouse habitat in the will apply to slightly less than 23 developments adhere to required State of Nevada. The executive order percent of all sage-grouse habitats in protective stipulations, which are directs the NDOW to ‘‘continue to work Wyoming, but account for consistent with published literature (e.g. with state and federal agencies and the approximately 80 percent of the total 1 well pad per section). The Service interested public’’ to implement the estimated sage-grouse breeding believes that the core area strategy Nevada sage-grouse conservation plan. population in the State. In February proposed by the State of Wyoming in The executive order also directs other 2010, the Wyoming State Legislature Executive Order 2008-2, if implemented State agencies to coordinate with the adopted a joint resolution endorsing by all landowners via -regulatory NDOW in these efforts. Although Wyoming’s core area strategy as mechanisms, would provide adequate directed specifically at sage-grouse outlined in the Governor’ Executive protection for sage-grouse and their conservation, the executive order is Order 2008-2. habitat in that State. broadly worded and does not outline On August 7, 2008, the Wyoming The protective measures associated specific measures that will be Board of Land Commissioners approved with the Governor’s order do not extend undertaken to reduce threats and ensure the application of the Implementation to lands located outside the identified conservation of sage-grouse in Nevada. Team’s recommended stipulations to all core areas but still within occupied The California Environmental Quality new development activities on State sage-grouse habitat. Where a siting Act (CEQA) (Public Resources Code lands within the Core Population Areas. permit is needed, the application is de sections 21000–21177), requires full These actions provide substantial facto applied to all landownerships as disclosure of the potential regulatory protection for sage-grouse in the Wyoming ISC cannot issue a permit environmental impacts of projects previously undeveloped areas on without the protective stipulations in proposed in the State of California. Wyoming State lands. However, as they place. In non-core areas, the Section 15065 of the CEQA guidelines only apply to State lands, which are minimization measures would be requires a finding of significance if a typically single sections scattered across implemented that are intended to project has the potential to ‘‘reduce the the State, the benefit to sage-grouse is maintain habitat conditions such that number or restrict the range of a rare or limited. there is a 50 percent likelihood that leks endangered plant or animal.’’ Under The executive order also applies to all will persist over time (WGFD 2009, pp. these guidelines sage-grouse are given activities requiring permits from the 30-35). This approach may result in the same protection as those species that Wyoming’s Industrial Siting Council adverse effects to sage-grouse and their are officially listed within the State. (ISC), including wind power habitats outside of the core areas (WGFD However, the lead agency for the developments on all lands regardless of 2009, pp. 32-35). proposed project has the discretion to ownership in the State of Wyoming. The Wyoming executive order states decide whether to require mitigation for Developments outside of State land and that current management and existing resource impacts, or to determine that not required to receive an ISC permit land uses within the core areas should other considerations, such as social or (primarily developments that do not be recognized and respected, thus we economic factors, make mitigation reach a certain economic threshold) will anticipate ongoing adverse effects

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13975

associated with those activities. The drilling operations that are already on grouse MZs in the United States (Knick Service is working in collaboration with the landscape, may continue to operate in press, p. 39, Table 3). Two Federal the State of Wyoming Sage Grouse without further restriction into the agencies with the largest land Implementation team and other entities future. management authority for sagebrush to continue to review and refine ongoing Some States require landowners to habitats are the BLM and USFS. The activities in the core areas, as well as the control noxious weeds, a habitat threat U.S. Department of Defense (DOD), size and location of the core areas to sage-grouse on their property, but the DOE, and other agencies in DOI have themselves to ensure the integrity and types of plants considered to be noxious responsibility for lands and/or decisions purpose of the core area approach is weeds vary by State. For example, only that involve less than 5 percent of maintained. Although this strategy Oregon, California, Colorado, Utah, and greater sage-grouse habitat (Table 3). provides excellent potential for Nevada list Taeniatherum asperum as a Bureau of Land Management meaningful conservation of sage-grouse, noxious, regulated weed, but T. it has yet to be fully implemented. We asperum is problematic in other States Knick (in press, p. 39, Table 3) believe that when fully realized, this (e.g., Washington, Idaho). Colorado is estimates that about 51 percent of effort could ameliorate some threats to the only western State that officially sagebrush habitat within the sage-grouse the greater sage-grouse. lists Bromus tectorum as a noxious MZs is BLM-administered land; this On April 22, 2009, the Governor of weed (USDA 2009), but B. tectorum is includes approximately 24.9 million ha Colorado signed into law new rules for invasive in many more States. These (about 61.5 million ac). The Federal the Colorado Oil and Gas Conservation laws may provide some protection for Land Policy and Management Act of Commission (COGCC), which is the sage-grouse in areas, although large- 1976 (FLPMA) (43 U.S.C. 1701 et seq.) entity responsible for permitting oil and scale control of the most problematic is the primary Federal law governing gas well development in Colorado invasive plants is not occurring, and most land uses on BLM-administered (COGCC 2009, entire). The rules went rehabilitation and restoration lands, and directs development and into effect on private lands on April 1, techniques are mostly unproven and implementation of Resource 2009, and on Federal lands July 1, 2009. experimental (Pyke in press, p. 25). Management Plans (RMPs) which direct The new rules require that permittees State-regulated hunting of sage-grouse management at a local level. The greater and operators determine whether their is permitted in all States except sage-grouse is designated as a sensitive proposed development location Washington, where the season has been species on BLM lands across the overlaps with ‘‘sensitive wildlife closed since 1988 (Connelly et al. 2004, species’ range (Sell 2010, pers comm.). habitat,’’ or is within restricted surface p. 6-3). In States where hunting sage- The management guidance afforded occupancy (RSO) Area. For greater sage- grouse is allowed, harvest levels can be species of concern under BLM Manual grouse, areas within 1 km (0.6 mi) of an adjusted annually, and the season and 6840 – Special Status Species active lek are designated as RSOs, and limits are largely based on trend data Management (BLM 2008f) states that surface area occupancy will be avoided gathered from spring lek counts and ‘‘Bureau sensitive species will be except in cases of economic or technical previous harvest data. Management of managed consistent with species and infeasibility (CDOW, 2009, p. 12). Areas hunting season length and bag limits habitat management objectives in land within approximately 6.4 km (4 mi) of varies widely between States (see use and implementation plans to an active lek are considered sensitive discussion of hunting regulations in promote their conservation and to wildlife habitat (CDOW, 2009, p. 13) Factor B). States maintain flexibility in minimize the likelihood and need for and the development proponent is hunting regulations through emergency listing under the ESA’’ (BLM 2008f, p. required to consult with the CDOW to closures or season changes in response .05V). BLM Manual 6840 further identify measures to (1) avoid impacts to unexpected events that affect local requires that RMPs should address on wildlife resources, including sage- populations. For example, in areas sensitive species, and that grouse; (2) minimize the extent and where populations are in decline or implementation ‘‘should consider all severity of those impacts that cannot be threats such as WNv have emerged, site-specific methods and procedures avoided; and (3) mitigate those effects some States have implemented harvest needed to bring species and their that cannot be avoided or minimized reductions or closures. There have not habitats to the condition under which (COGCC 2009, section 1202.a). been any studies demonstrating that management under the Bureau sensitive The COGCC will consider CDOW’s hunting is the primary cause of species policies would no longer be recommendations in the permitting population declines in sage-grouse. necessary’’ (BLM 2008f, p. 2A1). As a decision, although the final permitting Hunting regulations provide adequate designated sensitive species under BLM and conditioning authority remains protection for the birds (see discussion Manual 6840, sage-grouse conservation with COGCC. Section 1202.d of the new under Factor B), but do not protect the must be addressed in the development rules does identify circumstances under habitat. Therefore, the protection and implementation of RMPs on BLM which the consultation with CDOW is afforded through this regulatory lands. not required; other categories for mechanism is limited. RMPs are the basis for all actions and potential exemptions also can be found authorizations involving BLM- in the new rules (e.g., 1203.b). The new Federal Laws and Regulations administered lands and resources. They rules will inevitably provide for greater Because it is not considered to be a authorize and establish allowable consideration of the conservation needs migratory species, the greater sage- resource uses, resource condition goals of the species, but the potential grouse is not covered by the provisions and objectives to be attained, program decisions, actions, and exemptions can of the Migratory Bird Treaty Act (16 constraints, general management vary with each situation, and U.S.C. 703-712). However, several practices needed to attain the goals and consequently there is substantial Federal agencies have other legal objectives, general implementation uncertainty as to the level of protection authorities and requirements for sequences, intervals and standards for that will be afforded to greater sage- managing sage-grouse or their habitat. monitoring and evaluating RMPs to grouse. It should be noted that leases Federal agencies are responsible for determine effectiveness, and the need that have already been approved but not managing approximately 64 percent of for amendment or revision (43 CFR drilled (e.g., COGCC 2009, 1202.d(1)), or the sagebrush habitats within the sage- 1601.0-5(k)). The RMPs also provide a

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13976 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

framework and programmatic direction completed in the future. However, the 4180.1(d)). Terms and conditions that for implementation plans, which are information provided to us by BLM did are attached to grazing permits are site-specific plans written to regulate not specify what requirements, generally mandatory. Across the range decisions made in a RMP. Examples direction, measures, or guidance has of sage-grouse, BLM required each BLM include allotment management plans been included in the newly revised state office to adopt rangeland health (AMPs) that address livestock grazing, RMPs to address threats to sage-grouse standards and guidelines by which they oil and gas field development, travel and sagebrush habitat. Therefore, we measure allotment condition (43 CFR management, and wildlife habitat cannot assess their value or rely on 4180 2(b)). Each state office developed management. Implementation plan them as regulatory mechanisms for the and adopted their own standards and decisions normally require additional conservation of the greater sage-grouse. guidelines based on habitat type and planning and NEPA analysis. On November 30, 2009, the BLM in other more localized considerations. Of the existing 92 RMPs that include Montana issued an IM that provides The rangeland health standards must sage-grouse habitat, 82 contain specific guidance for sage-grouse management address restoring, maintaining or measures or direction pertinent to on lands under their authority in MZs enhancing habitats of BLM special management of sage-grouse or their I and II (BLM 2009j, entire). The IM status species to promote their habitats (BLM 2008g, p. 1). However, directs all state offices in Montana to conservation, and maintaining or the nature of these measures and develop alternatives in ongoing and promoting the physical and biological direction vary widely, with some future RMP revisions for activities that conditions to sustain native populations measures directed at a particular land may affect the greater sage-grouse. The and communities (43 CFR 4180.2(e)(9) use category (e.g., grazing management), IM provides guidance to mitigate and (10)). BLM is required to take and others relevant to specific habitat impacts and BMPs for all proposed appropriate action no later than the start use categories (e.g., breeding habitat) projects and activities. While this IM of the next grazing year upon (BLM 2008h). If an RMP contains will result in reduction of negative determining that existing grazing specific direction regarding sage-grouse impacts of projects authorized by the practices or levels of grazing use are habitat, conservation, or management, it Montana BLM on sage-grouse, the way significant factors in failing to achieve represents a regulatory mechanism that in which the guidance will be the standards and conform with the has the potential to ensure that the interpreted and applied is uncertain and guidelines (43 CFR 4180.2(c)). species and its habitats are protected we do not have a basis to assess whether The BLM conducted national data during permitting and other decision- or the extent to which it might be calls in 2004 through 2008 to collect making on BLM lands. This section effective in reducing threats. However, information on the status of rangelands, describes our understanding of how the IM is based on an approach based rangeland health assessments, and RMPs are currently implemented in on core areas in Montana, similar to the measures that have been implemented relation to sage-grouse conservation. approach implemented more formally in to address rangeland health issues In addition to land use planning, BLM Wyoming. Therefore, it could be across sage-grouse habitats under their uses Instruction Memoranda (IM) to effective in reducing impacts to sage- jurisdiction. However, the information provide instruction to district and field grouse habitat in the short term on BLM collected by BLM could not be used to offices regarding specific resource lands in Montana. Unfortunately, the IM make broad generalizations about the issues. Implementation of IMs is applies only to ongoing and future status of rangelands and management required unless the IM provides RMPs, and does not apply to activities actions. There was a lack of consistency discretion (Buckner 2009a. comm.). authorized under existing RMPs. No across the range in how questions were However, IMs are short duration (1 to 2 expiration date was provided for this interpreted and answered for the data years) and are intended to immediately IM, but as discussed above typical life call, which limited our ability to use the address resource concerns or provide expectancy of IMs is rarely greater than results to understand habitat conditions direction to staff until a threat passes or 2 years. for sage-grouse on BLM lands. For the resource issue can be addressed in The BLM has regulatory authority example, one question asked about the a long-term planning document. over livestock grazing, OHV travel and number of acres of land within sage- Because of their short duration, their human disturbance, infrastructure grouse habitat that was meeting utility and certainty as a long-term development, fire management, and rangeland health standards. Field offices regulatory mechanism may be limited if energy development through FLPMA in more than three States conducted the not regularly renewed. and associated RMP implementation, rangeland health assessments, and The BLM IM No. 2005-024 directed and the Mineral Leasing Act (MLA) (30 reported landscape conditions at BLM State directors to ‘‘review all U.S.C. 181 et seq.). The RMPs provide different scales (Sell 2009, pers. comm.). existing land use plans to determine the a framework and programmatic In addition, the BLM data call reported adequacy in addressing the threats to guidance for AMPs that address information at a different scale than was sage-grouse and sagebrush habitat,’’ and livestock grazing. In addition to FLPMA, used for their landscape mapping then to ‘‘identify and prioritize land use BLM has specific regulatory authority (District or project level versus national plan amendments or land use plan for grazing management provided at 43 scale) (Buckner 2009b, pers. comm.). revisions based upon the outcome.’’ This CFR 4100 (Regulations on Grazing Therefore, we lack the information IM instructed BLM State directors to Administration Exclusive of Alaska). necessary to assess how this regulatory develop a process and schedule to Livestock grazing permits and leases mechanism effects sage-grouse update deficient land use plans to contain terms and conditions conservation. adequately address sage-grouse and determined by BLM to be appropriate to The BLM’s regulations require that sagebrush conservation needs no later achieve management and resource corrective action be taken to improve than April 1, 2005. The BLM reports condition objectives on the public lands rangeland condition when the need is that all land use plan revisions within and other lands administered by the identified; however, actions are not sage-grouse habitat are scheduled for BLM, and to ensure that habitats are, or necessarily implemented until the completion by 2015 (BLM, 2008g). To are making significant progress toward permit renewal process is initiated for date, 14 plans have been revised, 31 are being restored or maintained for BLM the noncompliant parcel. Thus, there in progress, and 19 are scheduled to be special status species (43 CFR may be a lag time between the allotment

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13977

assessment when necessary thereof (Carlson 2008, pers. comm.). We appropriate and significant. Targeting management changes are identified, and note that it is possible that more RMPs the protection of important sage-grouse when they are implemented. Although are addressing invasives under another habitats during fire suppression and RMPs, AMPs, and the permit renewal general restoration category. In the 51 fuels management activities could help process provide an adequate regulatory RMPs that address fire, invasives, and reduce loss of key habitat due to fire if framework, whether or not these conifer encroachment, they typically directed through a long-term, regulatory regulatory mechanisms are being provide nonspecific guidance on how to mechanism. Under Factor A, we implemented in a manner that manage invasives. A few examples describe why the threat of wildfire is conserves sage-grouse is unclear. The include: manage livestock in a way that likely to continue indefinitely. This BLM’s data call indicates that there are enhances desirable vegetation cover and foreseeable future requires a regulatory lands within the range of sage-grouse reduces the introduction of invasives, approach that addresses the threat over that are not meeting the rangeland identify tools that may be used to the long term. The use of IMs to increase health standards necessary to conserve control invasives (e.g., manual, protection of sage-grouse habitat during sage-grouse habitats. In some cases mechanical, biological, or chemical wildfire is not adequate to protect the management changes should occur, but treatments), utilize an integrated weed species because IMs are both short-term such changes have not been management program, and apply and have discretionary renewal implemented (BLM 2008i). seasonal restrictions on fire hazards, (decisions made on a case-by-case The BLM uses regulatory mechanisms among other methods (Carlson 2008, basis). to address invasive species concerns, pers. comm.). As with other agencies The BLM is the primary Federal particularly through the NEPA process. and organizations, the extent to which agency managing the United States For projects proposed on BLM lands, these measures are implemented energy resources on 102 million surface BLM has the authority to identify and depends in large part on funding, staff ha (253 million ac) and 283 million sub- prescribe best management practices for time, and other regulatory and non- surface ha (700 million ac) of mineral weed management; where prescribed, regulatory factors. Therefore, we cannot estate (BLM 2010). Public sub-surface these measures must be incorporated assess their value as regulatory estate can be under public or private into project design and implementation. mechanisms for the conservation of the (i.e., split-estate) surface. Over 7.3 Some common best management greater sage-grouse. million ha (18 million ac) of sage-grouse practices for weed management may Herbicides also are commonly used habitats on public lands are leased for include surveying for noxious weeds, on BLM lands to control invasives. In oil, gas, coal, minerals, or geothermal identifying problem areas, training 2007, the BLM completed a exploration and development across the contractors regarding noxious weed programmatic EIS (72 FR 35718) and sage-grouse range (Service 2008f). management and identification, record of decision (72 FR 57065) for Energy development, particularly providing cleaning stations for vegetation treatments on BLM- nonrenewable development, has equipment, limiting off-road travel, and administered lands in the western primarily occurred within sage-grouse reclaiming disturbed lands immediately United States. This program guides the MZs I and II. following ground disturbing activities, use of herbicides for field-level The BLM has the legal authority to among other practices. The effectiveness planning, but does not authorize any regulate and condition oil and gas leases of these measures is not documented. specific on-the-ground actions; site- and permits under both FLPMA and the The BLM conducts treatments for specific NEPA analysis is still required MLA. An amendment to the Energy noxious and invasive weeds on BLM at the project level. Policy and Conservation Act of 1975 (42 lands, the most common being The BLM has one documented U.S.C. 6201 et seq.) in 2000 (Energy reseeding through the Emergency regulatory action to address wildfire and Policy Act of 2000 (PL 106-469)) Stabilization and Burned Area protect of sage-grouse: National IM requires the Secretary of the Interior to Rehabilitation Programs. According to 2008-142 – 2008 Wildfire Season and conduct a scientific inventory of all BLM data, 66 of 92 RMPs noted that Sage-Grouse Conservation. This IM was onshore Federal lands to identify oil seed mix requirements (as stated in issued on June 19, 2008, and was and gas resources underlying these RMPs, emergency stabilization and effective through September 30, 2009. It lands (42 U.S.C. 6217). The Energy rehabilitation, and other plans) were provided guidance to BLM State Policy Act of 2005 (42 U.S.C. 15801 et sufficient to provide suitable sage- directors that conservation of greater seq.) further requires the nature and grouse habitat (e.g., seed containing sage-grouse and sagebrush habitats extent of any restrictions or sagebrush and forb species)(Carlson should be a priority for wildfire impediments to the development of 2008a). However, a sufficient seed mix suppression, particularly in areas of the such resources be identified and does not assure that restoration goals Great Basin (portions of WAFWA MZ permitting and development be will be met; many other factors (e.g., III, IV, and V) (BLM 2008j, entire). At expedited on Federal lands (42 U.S.C. precipitation) influence the outcome of least one BLM State office within the 15921). In addition, the 2005 Energy restoration efforts. range of sage-grouse (Idaho) developed Policy Act orders the identification of Invasive species control is a priority a State-level IM and guidance that renewable energy sources (e.g., wind, in many RMPs. For example, 76 of the prioritized the protection of sage-grouse geothermal) and provides incentives for RMPs identified in the data call claim habitats during fire management their development (42 U.S.C. 15851). that the RMP (or supplemental plans/ activities, in addition to the national IM On May 18, 2001, President Bush guidance applicable to the RMP) which pertains to wildfire suppression signed Executive Order (E.O.) 13212 – requires treatment of noxious weeds on activities (BLM 2008k, entire). Actions to Expedite Energy-Related all disturbed surfaces to avoid weed While we do not know the extent to Projects (May 22, 2001, 66 FR 28357), infestations on BLM managed lands in which these directives alleviated the which states that the executive the planning area (Carlson 2008a). Also, wildfire threat to sage-grouse (as departments and agencies shall take of the 82 RMPs that reference sage- described under Factor A) during the appropriate actions, to the extent grouse conservation, 51 of these 2008 and 2009 fire seasons, we believe consistent with applicable law, to specifically address fire, invasives, that this strategic approach to expedite projects that will increase the conifer encroachment, or a combination ameliorating the threat of fire is production, transmission, or

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13978 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

conservation of energy. The Executive densest population concentrations for BLM issued an IM on December 29, Order specifies that this includes sage-grouse. 2009 (BLM 2009k, entire) to ensure their expediting review of permits or taking Although the restrictive stipulations management of sage-grouse and their other actions as necessary to accelerate that are applied to permits and leases habitats are consistent with the State of the completion of projects, while vary, a 0.40-km (0.25-mi) radius around Wyoming’s core area populations (see maintaining safety, public health, and sage-grouse leks is generally restricted discussion above). The IM applies to all environmental protections. On October to ‘‘no surface occupancy’’ during the BLM programs and activities within 23, 2009, nine Federal agencies signed breeding season, and noise and Wyoming, with the exception of a MOU to expedite the siting and development activities are often limited livestock grazing management. A construction of qualified electric during the breeding season within a separate IM will be issued separately for transmission within the United States 0.80- to 3.22-km (0.5- to 2-mi) radius of this program. The December 2009 IM (Federal Agency MOU 2009). The MOU sage-grouse leks. Although these are the should have the same efficacy in states that all existing environmental most often-applied stipulations, site- ameliorating threats to the sage-grouse review and safeguard processes will be specific application is highly variable. in Wyoming. However, the IM is fully maintained. Therefore, we assume For example, language in the Randolph scheduled to expire on Sept. 30, 2011, that this new MOU will not alter the RMP in Utah states that no exploration, and therefore its life is far shorter than regulatory processes (e.g., RMPs, project drilling, or other development activities the foreseeable future (30 to 50 years, specific NEPA analysis) currently in can occur during the breeding season see discussion below) for energy place related to transmission siting on within 3.22 km (2 mi) of a known sage- development in that state. However, we BLM lands. grouse lek, and that there are ‘‘no are optimistic that this IM will result in Program-specific guidance for fluid exceptions to this stipulation’’ (BLM short-term conservation benefits for minerals (including oil and gas) in the 2008h). Conversely, under the Platte sage-grouse in Wyoming. BLM planning handbook (BLM 2005b, River RMP in the Wind River Basin As with fossil fuel sources, the Appendix C pp. 23-24) specifies that Management Area of Wyoming, ‘‘oil and production, purchase, and facilitation of land use planning decisions will gas development is a priority in the development of renewable energy ’’ ‘‘ identify restrictions on areas subject to area and discretionary timing products by Federal entities and land leasing, including closures, as well as stipulations protecting sage-grouse management agencies is directed by the ’’ lease stipulations. Stipulations are nesting habitats...will not be applied 2005 Energy Policy Act and Presidential (BLM 2008h). Most of the RMPs that E.O. 13212. The energy development conditions that are made part of a lease address oil, gas, or minerals section of Factor A describes in detail when the environmental planning development specify the standard the development and operation of record demonstrates the need to protective stipulations (BLM 2008h). renewable energy projects, including accommodate various resources such as The stipulations do not apply to the recent increases in wind, solar and the protection of specific wildlife operation or maintenance of existing geothermal energy development. All of species. Stipulations advise the lease facilities, regardless of their proximity these activities require ground holder that a wildlife species in need of to sage-grouse breeding areas (BLM disturbance, infrastructure, and ongoing special management may be present in 2008h). In addition, approximately 73 human activities that could adversely the area defined by the lease, and percent of leased lands in known sage- affect greater sage-grouse on the certain protective measures may be grouse breeding habitat have no landscape. Recently the BLM has begun required in order to develop the mineral stipulations at all (Service 2008f). developing guidance to minimize resource on that lease. As noted above, a 0.4-km (0.25-mi) impacts of renewable energy production The handbook further specifies that radius buffer is used routinely by BLM on public lands. A ROD for all stipulations must have waiver, and other agencies to minimize the ‘‘Implementation of a Wind Energy exception, or modification criteria impacts of oil and gas development on Development Program and Associated documented in the plan, and notes that sage-grouse breeding activity. The Land Use Plan Amendments’’ (BLM the least restrictive constraint to meet rationale for using a 0.4-km (0.25-mi) 2005a, entire) was issued in 2005. The the resource protection objective should buffer as the basic unit for active lek ROD outlines best management be used (BLM 2005b, Appendix C pp. protection is not clear, as there is no practices (BMPs) for the siting, 23-24). Waivers are permanent support in published literature for this development and operation of wind exemptions, and modifications are distance affording any measure of energy facilities on BLM lands. The changes in the terms of the stipulation. protection (see also discussion under voluntary guidance of the BMPs do not The BLM reports the issuance of Energy Development, above). include measures specifically intended waivers and modifications as rare (BLM Anecdotally, this distance appears to be to protect greater sage-grouse, although 2008i). Exceptions are a one-time an artifact from the 1960s attempt to they do provide the flexibility for such exemption to a lease stipulation. For initiate planning guidelines for measures to be required through site- example, a company may be issued an sagebrush management and is not specific planning and authorization exception to enter crucial winter habitat scientifically based (Roberts 1991). The (BLM 2005a, p. 2). during a mild winter if an on-the- BLM stipulations most commonly On December 19, 2008, the BLM ground survey verifies that sage-grouse attached to leases and permits are issued IM 2009-043, which is intended are not using the winter habitat or have inadequate for the protection of sage- to serve as additional guidance for left earlier than normal (BLM 2004, p. grouse, and for the long-term processing wind development 86). In 2006 and 2007, of 1,716 mineral maintenance of their populations in proposals. In that IM, which expires on or right-of-way authorizations on those areas affected by oil and gas September 30, 2010, BLM updates or Federal surface in 42 BLM planning development activities (Holloran 2005, clarifies previous guidance areas no waivers were issued; 24 pp. 57-60; Walker 2007, p. 2651). In documentation, including the Wind modifications were issued and 115 some locations, the BLM is Energy Development Policy, and best exceptions were granted, 72 of which incorporating recommendations and management practices from the wind were in the Great Divide planning area information from new scientific studies energy development programmatic EIS in Wyoming (BLM 2008i), one of the into management direction. Wyoming of 2005. The new guidance does not

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13979

provide specific recommendations for effects associated with wildfire or of threats to the species described under greater sage-grouse, and largely defers invasive plant species such as Bromus Factor A. decision-making regarding project tectorum is limited due primarily to the USDA Forest Service siting, including meteorological towers, nature of those factors and how they to either the individual land use manifest on the landscape. However, a The USFS has management authority planning process, or to the standard regulatory mechanism that requires for 8 percent of the sagebrush area environmental compliance (i.e., NEPA) BLM staff to target the protection of key within the sage-grouse MZs (Table 3; process. In addition, it emphasizes the sage-grouse habitats during fire Knick in press, p. 39). The USFS voluntary nature of the Service’s 2003 suppression or appropriate fuels estimated that sage-grouse occupy about interim guidelines for minimizing the management activities could help 5.2 million ha (12.8 million ac) on effects of wind turbines on avian species address the threat of wildfire in some national forest lands in the western and reiterates that incorporation of the situations. We recognize the use of IMs United States (USFS 2008 Appendix 2, guidelines in BLM agency decisions was for this purpose, including both at the Table 1). Twenty-six of the 33 National not mandatory (BLM 2008e). national and State level (Idaho) (BLM Forests or Grasslands across the range of BLM State offices in Oregon and 2008j and 2008k); however, a long-term sage-grouse contain moderately or Idaho issued explicit guidance regarding mechanism is necessary given the scale highly important seasonal habitat for siting of meteorological towers (IM OR- of the wildfire threat and its likelihood sage-grouse (USFS 2008 Appendix 2, 2008-014 and ID-2009-006, respectively) to persist on the landscape in the Table 2). Management of activities on which required siting restrictions for foreseeable future. national forest system lands is guided towers around leks such that potential For other threats to sage-grouse on principally by the National Forest adverse effects to sage-grouse are BLM lands, the BLM has the regulatory Management Act (NFMA) (16 U.S.C. avoided or minimized. These IMs authority to address them in a manner 1600-1614, August 17, 1974, as provided substantial regulatory that will provide protection for sage- amended 1976, 1978, 1980, 1981, 1983, protection for sage-grouse; however, grouse. However, BLM’s current 1985, 1988, and 1990). NFMA specifies both of these IMs expired on September application of those authorities in some that the USFS must have a land and 30, 2009. We anticipate that they will be areas falls short of meeting the resource management plan (LRMP) (16 renewed in FY 2010, but that is an conservation needs of the species. This U.S.C. 1600) to guide and set standards annual management decision by the is particularly evident in the regulation for all natural resource management respective State BLM offices, thus the of oil, gas, and other energy activities on each National Forest or long-term certainty that such measures development activities, both on BLM- National Grassland. All of the LRMPs will remain in place is unknown. administered lands and on split-estate that currently guide the management of The BLM is currently in the process lands. Stipulations commonly applied sage-grouse habitats on USFS lands of developing programmatic-level by BLM to oil and gas leases and were developed using the 1982 guidance for the development of solar permits do not adequately address the implementing regulations for land and and geothermal energy projects. A draft scope of negative influences of resource management planning (1982 programmatic EIS for geothermal development on sage-grouse (Holloran Rule, 36 CFR 219). development is currently available 2005, pp. 57-60, Walker 2007, pp. 2651; Greater sage-grouse is designated as (BLM and USFS 2008a, entire), and the see discussion under Factor A), with the sensitive species on USFS lands across draft programmatic EIS for solar energy exception of the new 2010 IM issued by the range of the species (USFS 2008, pp. is under development (BLM and DOE the BLM in Wyoming (see discussion 25-26). Designated sensitive species 2008). We anticipate that solar and below). In addition, BLM’s ability to require special consideration during geothermal energy development will waive, modify, and allow exceptions to land use planning and activity increase in the future (see discussion those stipulations without regard to implementation to ensure the viability under energy in Factor A), and that the sage-grouse persistence further limits of the species on USFS lands and to development of infrastructure the adequacy of those regulatory preclude any population declines that associated with these projects could mechanisms in alleviating the negative could lead to a Federal listing (USFS affect sage-grouse. Final environmental impacts to the species associated with 2008, p. 21). Additionally, sensitive guidance for solar and geothermal energy development. species designations require analysis for energy development on BLM lands has For other threats, such as grazing, our any activity that could have an adverse not yet been issued or implemented; ability to assess the application of impact to the species, including analysis thus, we cannot assess its adequacy or existing regulatory mechanisms on a of the significance of any adverse implications for the conservation of broad scale is limited by the way that impacts on the species, its habitat, and sage-grouse. BLM collected and summarized their overall population viability (USFS 2008, data on rangeland health assessments p. 21). The specifics of how sensitive Summary: BLM and the implementation of corrective species status has conferred protection The BLM manages the majority of measures, where necessary. The land to sage-grouse on USFS lands varies greater sage-grouse habitats across the use planning and activity permitting significantly across the range, and is range of the species. The BLM has broad processes, as well as other regulations largely dependent on LRMPs and site- regulatory authority to plan and manage available to BLM give them the specific project analysis and all land use activities on their lands authority to address the needs of sage- implementation. Fourteen forests including travel management, energy grouse. However, the extent to which identify greater sage-grouse as a development, grazing, fire management, they do so varies widely from RMP area Management Indicator Species (USFS invasive species management, and a to RMP area across the range of the 2008, Appendix 2, Table 2), which variety of other activities. As described species. In many areas existing requires them to establish objectives for in Factor A, all of these factors have the mechanisms (or their implementation) the maintenance and improvement of potential to affect sage-grouse, including on BLM lands and BLM-permitted habitat for the species during all direct effects to the species and its actions do not adequately address the planning processes, to the degree habitats. The ability of regulatory conservation needs of greater sage- consistent with overall multiple use mechanisms to adequately address the grouse, and are exacerbating the effects objectives of the alternative (1982 Rule,

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13980 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

36 CFR 219.19(a)). Of the 33 National of geothermal energy applications on breeding and brood-rearing period.’’ Forests that manage greater sage-grouse USFS lands (BLM and USFS 2008b, p. However, the biggest concern for sage- habitat, 16 do not specifically address 3). grouse on the YTC is wildfire, both sage-grouse management or The land use planning process and natural and human-caused (Schroeder conservation in their Forest Plans, and other regulations available to the USFS 2009, pers. comm.). Military training only 6 provide a high level of detail give it the authority to adequately activities occur across the YTC specific to sage-grouse management address the needs of sage-grouse, throughout the year, including when (USFS 2008, Appendix 2, Table 4). although the extent to which they do so there is high fire risk, and many fires are Almost all of the habitats that support varies widely across the range of the started every year (Schroeder 2009, pers. sage-grouse on USFS lands also are species. We do not have information comm.). Although the YTC has an active open to livestock grazing (USFS 2008, p. regarding the current land health status fire response program, there are some 39). Under the Range Rescissions Act of of USFS lands in relation to the fires most years that grow large, and 1995 (P.L. 104-19), the USFS must conservation needs of greater sage- habitat is being burned faster than it can conduct a NEPA analysis to determine grouse; thus, we cannot assess whether be replaced (Schroeder 2009, pers. whether grazing should be authorized existing conditions adequately meet the comm.). The protective stipulations to on an allotment, and what resource species’ habitat needs. reduce disturbance to greater sage- protection provisions should be Other Federal Agencies grouse are useful; however, current included as part of the authorization management, training activities, and fire (USFS 2008, p. 33). The USFS reports Other Federal agencies in the DOD, response, are resulting in habitat loss for that they use the sage-grouse habitat DOE, and DOI (including the Bureau of the species on the YTC. guidelines developed in Connelly et al. Indian Affairs, the Service, and National The USDA Farm Service Agency (2000) to develop desired condition and Park Service) are responsible for manages the Conservation Reserve livestock use standards at the project or managing less than 5 percent of Program (CRP) which pays landowners allotment level. However, USFS also sagebrush lands within the United a rental fee to plant permanent reported that the degree to which the States (Knick 2008, p. 31). Regulatory vegetation on portions of their lands, recommended sage-grouse conservation authorities and mechanisms relevant to taking them out of agricultural and management guidelines were these agencies’ management production (Schroeder and Vander incorporated and implemented under jurisdictions include the National Park Haegen in press, p. 4-5). These lands are Forest Plans varied widely across the Service Organic Act (39 Stat. 535; 16 range (USFS 2008, p. 45). We do not U.S.C. 1, 2, 3 and 4), the National put under contract, typically for a 10– have the results of rangeland health Wildlife Refuge System Administration year period (Walker 2009, pers. comm.). assessments or other information Act (16 U.S.C. 668dd-668ee), and the In some areas across the range of sage- regarding the status of USFS lands that Department of the Army’s Integrated grouse, and particularly in Washington provide habitat to sage-grouse and, Natural Resources Management Plans (Schroeder and Vander Haegen in press, therefore, cannot assess the efficacy in for their facilities within sage-grouse p. 21), CRP lands provide important conserving this species. habitats. Due to the limited amount of habitat for the species (see Factor A Energy development occurs on USFS land administered by these agencies, we discussion). Under the 2008 Farm Bill, lands, although to a lesser extent than have not described them in detail here. several changes could reduce the on BLM lands. Through NFMA, LRMPs, However, most of these agencies do not protection that CRP lands afford sage- and the On-Shore Oil and Gas Leasing manage specifically for greater sage- grouse. First, the total acreage that can Reform Act (1987; implementing grouse on their lands, except in be enrolled in the CRP program at any regulations at 36 CFR 228, subpart E), localized areas (e.g., specific wildlife time has been reduced from 15.9 million the USFS has the authority to manage, refuges, reservations). One exception is ha (39.2 million ac) to 12.9 million ha restrict, or attach protective measures to DOD regulatory mechanisms applicable (32 million ac) for 2010-2012 (USDA mineral and other energy permits on within MZ VI, where half of the 2009a, p. 1). Second, no more than 25 USFS lands. Similar to BLM, existing remaining sage-grouse populations and percent of the agricultural lands in any protective standard stipulations on habitats occur on their lands. county can now be enrolled under CRP USFS lands include avoiding The Yakima Training Center (YTC), a contracts, although there are provisions construction of new wells and facilities U.S. Army facility, manages land in to avoid this cap if permission is within 0.4 km (0.25 mi), and noise or Washington that is the primary habitat granted by the County government activity disturbance within 3.2 km (2.0 for one of two populations of greater (Walker 2009, pers. comm.). Third, the mi) of active sage-grouse leks during the sage-grouse in that State. During the 2008 Farm Bill authorized the BCAP, breeding season. As described both in breeding season, the YTC has which provides financial assistance to Factor A and above, this buffer is restrictions on training activities for the agricultural producers to establish and inadequate to prevent adverse impacts protection of sage-grouse. Leks have a 1- produce eligible crops for the to sage-grouse populations. For most km (0.6-mi) buffer where all training is conversion to bioenergy products LRMPs where energy development is excluded, and aircraft below 91.4 m (USDA 2009b, p. 1). As CRP contracts occurring, these stipulations also apply (300 ft) are restricted from midnight to expire, the BCAP program could result to hard mineral extraction, wind 9 am from March 1 to May 15 (Stinson in greater incentives to take land out of development, and other energy et al. 2004, p. 32). Sage-grouse CRP and put it into production for development activities in addition to protection areas also are identified, and biofuels (Walker 2009, pers. comm.). All fluid mineral extraction (USFS 2008, training activities are restricted in those of these changes could affect the amount Appendix 1, entire). The USFS is a areas during nesting and early brood of land in CRP, and in turn the habitat partner agency with the BLM on the rearing periods (Stinson et al. 2004, p. value provided to greater sage-grouse. draft programmatic EIS for geothermal 32). Other protections also are provided. This change is of particular importance energy development described above. According to Stinson et al. (2004, p. 32), in Washington, where CRP lands have The Record of Decision for the EIS does the ‘‘YTC is the only area in Washington been out of production long enough to not amend relevant LRMPs and still where sage-grouse are officially provide habitat for sage-grouse. requires project-specific NEPA analysis protected from disturbance during the Although the 2008 Farm Bill has been

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13981

signed into law, the implementing sufficient to ameliorate the threats to the Although this framework is important to regulations and rules have not yet been species. guiding successful long-term finalized. Thus, we cannot assess how Other partnerships and agencies have conservation efforts and management of the measures described above will be also implemented broader-scale the greater sage-grouse and its habitats, implemented, and to what extent they conservation efforts. Cooperative Weed by design the WAFWA Conservation may change the quantity or quality of Management Areas (CWMAs) provide a Strategy is not regulatory in nature. CRP land available for sage-grouse. voluntary approach to control invasive Implementation of recommendations in species across the range of sage-grouse. the Strategy by each signatory to the Canadian Federal and Provincial Laws CWMAs are partnerships between associated MOU is voluntary and few, if and Regulations Federal, State, and local agencies, tribes, any of the conservation Greater sage-grouse are federally individuals, and interested groups to recommendations have been protected in Canada as an endangered manage both species designated by State implemented. Given the lack of funding species under schedule 1 of the Species agencies as noxious weeds, and invasive for this effort, we do not have the at Risk Act (SARA; Canada Gazette, Part plants in a county or multi-county assurances that implementation will III, Chapter 29, Volume 25, No. 3, 2002). geographical area. As of 2005, Oregon, occur. However, this is the most Passed in 2002, SARA is similar to the Nevada, Utah, and Colorado had comprehensive inter-agency strategy ESA and allows for habitat regulations between 75 and 89 percent of their developed for this species and therefore, to protect sage-grouse (Aldridge and States covered by CWMAs or county if the principles identified are properly Brigham 2003, p. 31). The species is also weed districts, while Washington, implemented it could have significant listed as endangered at the provincial Idaho, Montana, and Wyoming had positive impacts. level in Alberta and Saskatchewan, and between 90 and 100 percent coverage. All of the States in the extant range of neither province allows harvest Coverage in North Dakota is between 50 the greater sage-grouse have finalized (Aldridge and Brigham 2003, p. 31). In and 74 percent, and South Dakota has conservation or management plans for Saskatchewan, sage-grouse are protected less than 25 percent coverage (Center for the species and its habitats. These plans under the Wildlife Habitat Protection Invasive Plant Management 2008). focus on habitat and population Act, which protects sage-grouse habitat Because these CWMAs are voluntary concerns at a State level. The degree to from being sold or cultivated (Aldridge partnerships we cannot be assured that which they consider and address and Brigham 2003, p. 32). In addition, they will be implemented nor can we mitigation for a variety of threats varies sage-grouse are listed as endangered predict their effectiveness. substantially. For example, some plans under the Saskatchewan Wildlife Act, The Natural Resources Conservation propose explicit strategies for minerals which restricts development within 500 Service (NRCS) of the USDA provides and energy issues (e.g., Montana) or m (1,640 ft) of leks and prohibits farmers, ranchers, and other private wind energy development (e.g., construction within 1,000 m (3,281 ft) of landowners with technical assistance Washington), and others more generally leks between March 15 and May 15 and financial resources to support acknowledge potential issues with (Aldridge and Brigham 2003, p. 32). As various management and habitat energy development but do not identify stated above, these buffers are restoration efforts. This includes specific conservation measures (e.g., inadequate to protect sage-grouse from helping farmers and ranchers maintain Nevada) (Stiver et al. 2006, p. 2-24). disturbance. In Alberta, individual birds and improve wildlife habitat as part of These plans are in various stages of are protected, but their habitat is not larger management efforts, and implementation. The State level plans (Aldridge and Brigham 2003, p. 32). developing technical information to are not prescriptive, and generally Thus, although there are some assist NRCS field staff with sage-grouse contain information to help guide the protections for the species in Canada, considerations when working with development and implementation of they are not sufficient to assure private landowners. Because of the more focused conservation efforts and conservation of the species. variable nature of the actions that can be planning at a local level. We recognize taken and the species they may address, Nonregulatory Conservation Measures the importance of these plans and some may benefit greater sage-grouse, coordination efforts, but at this time There are many non-regulatory some may cause negative impacts (e.g., cannot rely on them being effectively conservation measures that may provide because they are aimed at creating implemented. Specific measures local habitat protections. Although they habitat conditions for other species that recommended in a State plan that have are non-regulatory in nature, they are are inconsistent with the needs of sage- been adopted into legal or regulatory here to acknowledge these programs. grouse), or are neutral in their effects. In frameworks (e.g., a resource We have reviewed and taken into May 2008, Congress passed the Food, management plan), are assessed as account efforts being made to protect Conservation, and Energy Act of 2008 regulatory mechanisms in the the species, as required by the Act. (2008 Farm Bill, P.L. 110-246). The discussion under Factor D. Although some local conservation Farm Bill maintains or extends various The WDFW has designated sage- efforts have been implemented and are technical and funding support programs grouse habitat as a ‘‘priority habitat’’ effective in small areas, they are neither for landowners. All conservation which classifies it as a priority for individually nor collectively at a scale programs under the Farm Bill are conservation and management, and that is sufficient to ameliorate threats to voluntary, unless binding contracts for provides species and habitat the species or populations. Many other conservation planning or restoration are information to interested parties for conservation efforts are being planned completed. land use planning purposes (Schroeder but there is substantial uncertainty as to In 2006, WAFWA published the et al. 2003, pp. 17-4 to 17-6, Stinson et whether, where, and when they will be ‘‘Greater Sage-Grouse Comprehensive al. 2004, p. 31). However, the implemented, and whether they will be Conservation Strategy’’ (Conservation recommendations provided under this effective; further, even if the efforts Strategy; Stiver et al. 2006). This program are guidelines, and we cannot being planned or considered become document describes a range-wide be assured they will be implemented. implemented and are effective in the framework to ‘‘maintain and enhance Similarly, programs like Utah’s future, they are not a scale, either populations and distribution of sage- Watersheds Restoration Initiative are individually or collectively, to be grouse’’ (Stiver et al. 2006, p. ES-1). partnership driven efforts intended to

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13982 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

conserve, manage, and restore habitats. Under Factor A, we describe the ways Factor E: Other Natural or Manmade We recognize projects and cooperative that oil, natural gas, and other energy Factors Affecting the Species’ efforts that are beneficial for sage-grouse development activities, fire, invasive Continued Existence may occur as a result of this program. species, grazing, and human disturbance Pesticides are or may be adversely affecting sage- Summary of Nonregulatory grouse populations and habitat. Overall, Few studies have examined the effects Conservation Efforts Federal agencies’ abilities to adequately of pesticides to sage-grouse, but at least There are several non-regulatory address the issues of wildfire and two have documented direct mortality conservation efforts that address invasive species across the landscape, of greater sage-grouse from use of these impacts to the sage-grouse, mostly at a and particularly in the Great Basin, are chemicals. Greater sage-grouse died as a local scale (e.g. local working group limited. However, we believe that new result of ingestion of alfalfa sprayed plans, CCAA). Their voluntary nature is mechanisms could be adopted to target with organophosphorus insecticides appreciated, but their implementation the protection of sage-grouse habitats (Blus et al. 1989, p. 1142; Blus and and effectiveness may be compromised during wildfire suppression activities or Connelly 1998, p. 23). In this case, a as a result. We are encouraged by the fuels management projects, which could field of alfalfa was sprayed with number and scale of these efforts, but help reduce this threat in some methamidophos and dimethoate when lacking data on exact locations, scale, situations. There is limited opportunity approximately 200 sage-grouse were and effectiveness, we do not know if to implement and apply new regulatory present; 63 of these sage-grouse were threats to the greater sage-grouse will be mechanisms that would provide later found dead, presumably as a result ameliorated as a result. We strongly adequate protections or amelioration for of pesticide exposure (Blus et al. 1989; encourage implementation of the the threat of invasive species. For p. 1142, Blus and Connelly 1998, p. 23). WAFWA Conservation Strategy as we grazing, the regulatory mechanisms Both methamidophos and dimethoate believe its implementation could be available to the BLM and USFS are remain registered for use in the United effective in reducing threats to this adequate to protect sage-grouse habitats; States (Christiansen and Tate in press, species. however, the application of these p. 21), but we found no further records of sage-grouse mortalities from their use. Summary of Factor D mechanisms varies widely across the landscape. In some areas, rangelands are In 1950, Rangelands treated with To our knowledge, no current local not meeting the habitat standards toxaphene and chlordane bait in land use or development planning necessary for sage-grouse, and that Wyoming to control grasshoppers regulations provide adequate protection contributes to threats to the species. resulted in game bird mortality of 23.4 to sage-grouse from development or Our assessment of the implementation percent (Christian and Tate in press, p. other harmful land uses. Development of regulations and associated 20). Forty-five sage-grouse deaths were and fragmentation of private lands is a stipulations guiding energy recorded, 11 of which were most likely threat to greater sage-grouse (see development indicates that current related to the pesticide (Christiansen discussion under Factor A), and current measures do not adequately ameliorate and Tate in press, p. 20, and references local regulations do not adequately impacts to sage-grouse. Energy and therein). Sage-grouse who succumbed to address this threat. associated infrastructure development, vehicle collisions and mowing Wyoming and Colorado have including both nonrenewable and machines in the same area also were implemented State regulations regarding renewable energy resources, are likely compromised from pesticide energy development that could provide expected to continue to expand in the ingestion (Christian and Tate in press, p. significant protection for greater sage- foreseeable future. Unless protective 20). Neither of these chemicals has been grouse. In Wyoming, regulations measures consistent with new research registered for grasshopper control since regarding new energy development have findings are widely implemented via a the early 1980s (Christiansen and Tate the potential to provide adequate regulatory process, those measures in press, p. 20, and references therein). protection to greater sage-grouse by cannot be considered an adequate Game birds that ingested sub-lethal protecting core areas of the species’ regulatory mechanism in the context of levels of pesticides have been observed habitat. BLM Wyoming has adopted our review. For the BLM and USFS, exhibiting abnormal behavior that may Wyoming’s approach for projects under RMPs and LRMPs are mechanisms lead to a greater risk of predation their authorities through a short-term through which adequate protections for (Dahlen and Haugen 1954, p. 477; IM. However, the restrictive regulations greater sage-grouse could be McEwen and Brown 1966, p. 609; Blus do not apply to existing leases, or to implemented. However, the extent to et al. 1989, p. 1141). McEwen and habitats outside of core areas. Thus, which appropriate measures to conserve Brown (1966, p. 689) reported that wild sage-grouse may continue to experience sage-grouse have been incorporated into sharp-tailed grouse poisoned by population-level impacts associated those planning documents, or are being malathion and dieldrin exhibited with activities (e.g., energy implemented, varies across the range. depression, dullness, slowed reactions, development) in Wyoming (see As evidenced by the discussion above, irregular flight, and uncoordinated discussion under Factor A) both inside and the ongoing threats described under walking. Although no research has and outside core areas. In Colorado, the Factor A, BLM and the USFS are not explicitly studied the indirect levels of regulations describe a required process fully implementing the regulatory mortality from sub-lethal doses of rather than a specific measure that can mechanisms available to conserve pesticides (e.g., predation of impaired be evaluated; the regulations are only greater sage-grouse on their lands. birds), it has been assumed to be the recently in place and their Based on our review of the best reason for mortality among some study implementation and effectiveness scientific and commercial information birds (McEwen and Brown 1966 p. 609; remains to be seen. available, we conclude that existing Blus et al. 1989, p. 1142; Connelly and The majority of sage-grouse habitat in regulatory mechanisms are inadequate Blus 1991, p. 4). Both Post (1951, p. 383) the United States is managed by Federal to protect the species. The absence of and Blus et al. (1989, p. 1142) located agencies (Table 3). The BLM and USFS adequate regulatory mechanisms is a depredated sage-grouse carcasses in have the legal authority to regulate land significant threat to the species, now areas that had been treated with use activities on their respective lands. and in the foreseeable future. insecticides. Exposure to these

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13983

insecticides may have predisposed sage- reduce grasshoppers, songbird and prey abundance, APHIS noted that grouse to predation. Sage-grouse corvid nestling deaths ranged from 50 to during ‘‘grasshopper outbreaks when mortalities also were documented in a 100 percent depending on the chemical grasshopper densities can be 60 or more study where they were exposed to used, and stated it appeared that per square meter (Norelius and strychnine bait type used to control nestling development was adversely Lockwood, 1999), grasshopper small mammals (Ward et al. 1942 as affected due to the reduction in treatments that have a 90 to 95 percent cited in Schroeder et al. 1999, p. 16). grasshoppers. Potts (1986 as cited in mortality still leave a density of Cropland spraying may affect Connelly and Blus 1991, p. 93) grasshoppers (3 to 6) that is generally populations that are not adjacent to determined that reduced food supply greater than the average density found agricultural areas, given the distances resulting from the use of pesticides on rangeland, such as in Wyoming, in traveled by females with broods from ultimately resulted in high starvation a normal year (Schell and Lockwood, nesting areas to late brood-rearing areas rates of partridge chicks (Perdix perdix). 1997).’’ (Knick et al. in press, p. 17). The actual In a similar study on partridges, Rands Herbicide applications can kill footprint of this effect cannot be (1985, pp. 51-53) found that pesticide sagebrush and forbs important as food estimated, because the distances application adversely affected brood sources for sage-grouse (Carr 1968 as traveled to get to irrigated and sprayed size and chick survival by reducing cited in Call and Maser 1985, p. 14). The fields is unknown (Knick et al. in press, chick food supplies. greatest impact resulting from a p. 17). Similarly, actual mortalities from Three approved insecticides, carbaryl, reduction of either forbs or insect pesticides may be underestimated if diflubenzuron, and malathion, are populations is for nesting females and sage-grouse disperse from agricultural currently available for application chicks due to the loss of potential areas after exposure. across the extant range of sage-grouse as protein sources that are critical for Much of the research related to part of implementation of the Rangeland successful egg production and chick pesticides that had either lethal or sub- Grasshopper and Mormon Cricket nutrition (Johnson and Boyce 1991, p. lethal effects on greater sage-grouse was Suppression Control Program, under the 90; Schroeder et al. 1999, p. 16). A conducted on pesticides that have been direction of the Animal and Plant comparison of applied levels of banned or have their use further Health Inspection Service (APHIS) herbicides with toxicity studies of restricted for more than 20 years due to (APHIS 2004, entire). Carbaryl is grouse, chickens, and other gamebirds their toxic effects on the environment applied as bait, while diflubenzuron (Carr 1968, as cited in Call and Maser (e.g., dieldrin). We currently do not and malathion are sprayed. APHIS 1985, p. 15) concluded that herbicides have any information to show that the requires that application rates be in applied at recommended rates should banned pesticides are presently having compliance with EPA regulations, and not result in sage-grouse poisonings. negative impacts to sage-grouse APHIS has general guidelines for buffer In summary, pesticides can result in populations through either illegal use or zones around sensitive species habitats. direct mortality of individuals, and also residues in the environment. For These pesticides are only applied for can reduce the availability of food example, sage-grouse mortalities were grasshopper and Mormon cricket sources, which in turn could contribute documented in a study where they were (Anabrus simplex) control when to mortality of sage-grouse. Despite the exposed to strychnine bait used to requested by private landowners potential effects of pesticides, we could control small mammals (Ward et al. (APHIS 2004). Due to delays in find no information to indicate that the 1942 as cited in Schroeder et al. 1999, developing nationwide protocols for use of these chemicals, at current levels, p. 16). According to the U.S. application procedures, APHIS did not negatively affects greater sage-grouse Environmental Protection Agency perform any grasshopper or Mormon population numbers. Schroeder et al.’s (EPA), above-ground uses of strychnine cricket suppression activities in 2006, (1999, p.16) literature review found that were prohibited in 1988 and those uses 2007, or 2008 (Gentle 2008, pers. the loss of insects can have significant remain temporarily cancelled today. We comm.). However, due to an anticipated impacts on nesting females and chicks, do not know when, or if, above ground peak year of these pests in 2010, plans but those impacts were not detailed. uses will be permitted to resume. for suppression are already in progress. Many of the pesticides that have been Currently strychnine is registered for In the Rangeland Grasshopper and shown to have an effect on sage-grouse use only below-ground as a bait Mormon Cricket Suppression Program have been banned in the United States application to control pocket gophers Final Environmental Impact for more than 20 years. As previously (Thomomys sp.; EPA 1996, p. 4). Statement—2002 (p.10), APHIS noted, we currently do not have any Therefore, the current legal use of concluded that there ‘‘is little likelihood information to show that the banned strychnine baits is unlikely to present a that the insecticide APHIS would use to pesticides through either illegal use or significant exposure risk to sage-grouse. suppress grasshoppers would be residues in the environment are No information on illegal use, if it directly or indirectly toxic to sage- presently having negative impacts to occurs, is available. We have no other grouse. Treatments would typically not sage-grouse populations. information regarding mortalities or reduce the number of grasshoppers sublethal effects of strychnine or other below levels that are present in non- Contaminants banned pesticides on sage-grouse. outbreak years.’’ APHIS (2002, p. 69) Greater sage-grouse exposure to Although a reduction in insect stated that although ‘‘malathion is also various types of environmental population levels resulting from an organophosphorus insecticide and contaminants may potentially occur as a insecticide application can potentially carbaryl is a carbamate insecticide, result of agricultural and rangeland affect nesting sage-grouse females and malathion and carbaryl are much less management practices, mining, energy chicks (Willis et al. 1993, p. 40; toxic to birds’’ than other insecticides development and pipeline operations, Schroeder et al. 1999, p. 16), we have associated with effects to sage-grouse or nuclear energy production and research, no information as to whether other wildlife. The APHIS risk and transportation of materials along insecticides are impacting survivorship assessment (pp. 122-184) for this EIS highways and railroads. or productivity of the greater sage- determined that the grasshopper A single greater sage-grouse was grouse. Eng (1952, pp. 332,334) noted treatments would not directly affect found covered with oil and dead in a that after a pesticide was sprayed to sage-grouse. As to potential effects on wastewater pit associated with an oil

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13984 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

field development in 2006; the site was 176). There is one site in the range grouse have been extirpated in virtually in violation of legal requirements for formerly occupied by the species all counties reaching a human screening the pit (Domenici 2008, pers. (Nuclear Energy Institute 2004), and population density of 25 people/km2 comm.). To the extent that this source construction is scheduled to begin on a (65people/mi2) by 1950. However, their of mortality occurs, it would be most new nuclear power plant facility in analyses considered all impacts of likely in MZ I and II, as those zones are 2009 in Elmore County, Idaho, near human presence and did not separate where most of the oil and gas Boise (Nuclear Energy Institute 2008) in recreational activities from other development occurs in relation to MZ IV. At this new facility and any associated activities and infrastructure. occupied sage-grouse habitat. The extent other future facilities developed for The presence of pets in proximity to to which such mortality to greater sage- nuclear power, if all provisions sage-grouse can result in sage-grouse grouse is occurring is extremely difficult regulating nuclear energy development mortality or disturbance, and increases to quantify due to difficulties in are followed, it is unlikely that there in garbage from human recreationists retrieving and identifying oiled birds will be impacts to sage-grouse as a result can attract sage-grouse predators and and lack of monitoring. We expect that of radionuclides or any other nuclear help maintain their numbers at the number of sage-grouse occurring in products. increased levels (cite). Leu et al. (2008, the immediate vicinity of such p. 1133) reported that slight increases in Recreational Activities wastewater pits would be small due to human densities in ecosystems with low the typically intense human activity in Boyle and Samson (1985, pp. 110-112) biological productivity (such as these areas, the lack of cover around the determined that non-consumptive sagebrush) may have a disproportionally pits, and the fact that sage-grouse do not recreational activities can degrade negative impact on these ecosystems require free water. Most bird mortalities wildlife resources, water, and the land due to the potentially reduced resiliency recorded in association with wastewater by distributing refuse, disturbing and to anthropogenic disturbance. pits are water-dependent species (e.g., displacing wildlife, increasing animal Indirect effects to sage-grouse from waterfowl), whereas dead ground- mortality, and simplifying plant recreational activities include impacts dwelling birds (such as the greater sage- communities. Sage-grouse response to to vegetation and soils, and facilitating grouse) are rarely found at such sites disturbance may be influenced by the the spread of invasive species. Payne et (Domenici 2008, pers. comm.). type of activity, recreationist behavior, al. (1983, p. 329) studied off-road However, if the wastewater pits are not predictability of activity, frequency and vehicle impacts to rangelands in appropriately screened, sage-grouse may magnitude, activity timing, and activity Montana, and found long-term (2 years) have access to them and could ingest location (Knight and Cole 1995, p. 71). reductions in sagebrush shrub canopy water and/or become oiled while Examples of recreational activities in cover as the result of repeated trips in pursing insects. If these birds then sage-grouse habitats include hiking, the area. Increased sediment production return to sagebrush cover and die their camping, pets, and off-highway vehicle and decreased soil infiltration rates carcasses are unlikely to be found as (OHV) use. We have not located any were observed after disturbance by only the pits are surveyed. The effects published literature concerning motorcycles and four-wheel drive trucks of areal pollutants resulting from oil and measured direct effects of recreational on two desert soils in southern Nevada gas development on greater sage-grouse activities on greater sage-grouse, but can (Eckert et al. 1979, p. 395), and noise are discussed under the energy infer potential impacts from studies on from these activities can cause development section in Factor A. related species and from research on disturbance (Knick et al. in press, p.24). Numerous gas and oil pipelines occur non-recreational activities. Baydack and Recreational use of OHVs is one of the within the occupied range of several Hein (1987, p. 537) reported fastest-growing outdoor activities. In the populations of the species. Exposure to displacement of male sharp-tailed western United States, greater than 27 oil or gas from pipeline spills or leaks grouse at leks from human presence, percent of the human population used could cause mortalities or morbidity to resulting in loss of reproductive OHVs for recreational activities between greater sage-grouse. Similarly, given the opportunity during the disturbance 1999 and 2004 (Knick et al., in press, p. extensive network of highways and period. Female sharp-tailed grouse were 19). Off-highway vehicle use was a railroad lines that occur throughout the observed at undisturbed leks while primary factor listed for 13 percent of range of the greater sage-grouse, there is absent from disturbed leks during the species either listed under the Act or some potential for exposure to same time period (Baydack and Hein proposed for listing (Knick et al. in contaminants resulting from spills or 1987, p. 537). Disturbance of incubating press, p. 24). Knick et al. (in press, p. leaks of hazardous materials being female sage-grouse could cause 1) reported that widespread motorized conveyed along these transportation displacement from nests, increased access for recreation subsidized corridors. We found no documented predator risk, or loss of nests. However, predators adapted to humans and occurrences of impacts to greater sage- disruption of sage-grouse during facilitated the spread of invasive plants. grouse from such spills, and we do not vulnerable periods at leks, or during Any high-frequency human activity expect they are a significant source of nesting or early brood rearing could along established corridors can affect mortality because these types of spills affect reproduction or survival (Baydack wildlife through habitat loss and occur infrequently and involve only a and Hein 1987, pp. 537-538). fragmentation (Knick et al. in press, p. small area that might be within the Sage-grouse avoidance of activities 25). The effects of OHV use on occupied range of the species. associated with energy field sagebrush and sage-grouse have not Exposure of sage-grouse to development (e.g., Holloran 2005, pp. been directly studied (Knick et al. in radionuclides (radioactive atoms) has 43, 53, 58; Doherty et al. 2008, p. 194) press, p. 25). However, a review of local been documented at the DOE’s Idaho suggests these birds are likely disturbed sage-grouse conservation plans National Engineering Laboratory in by any persistent human presence. indicated that local working groups eastern Idaho. Although radionuclides Additionally, Aldridge et al. (2008, p. considered off-road vehicle use to be a were present in greater sage-grouse at 988) reported that the density of risk factor in many areas. this site, there were no apparent humans in 1950 was the best predictor We are unaware of scientific reports harmful effects to the population of extirpation of greater sage-grouse. The documenting direct mortality of greater (Connelly and Markham 1983, pp. 175- authors also determined that sage- sage-grouse through collision with off-

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13985

road vehicles. Similarly, we did not genetic diversity of sage-grouse would slow (Tilman and El Haddi 1992, p. locate any scientific information be predicted to be low. However, in a 263). Drought reduces vegetation cover documenting instances where snow recent survey of 16 greater sage-grouse (Milton et al. 1994, p. 75; Connelly et al. compaction as a result of snowmobile populations, only the Columbia Basin 2004, p. 7-18), potentially resulting in use precluded greater sage-grouse use, population in Washington showed low increased soil erosion and subsequent or affected their survival in wintering genetic diversity, likely as a result of reduced soil depths, decreased water areas. Off-road vehicle or snowmobile long-term population declines, habitat infiltration, and reduced water storage use in winter areas may increase stress fragmentation, and population isolation capacity. Drought also can exacerbate on birds and displace sage-grouse to less (Benedict et al. 2003, p. 308; Oyler- other natural events such as defoliation optimal habitats. However, there is no McCance et al. 2005, p. 1307). The level of sagebrush by insects. For example, empirical evidence available of genetic diversity in the remaining approximately 2,544 km2 (982 mi2) of documenting these effects on sage- range of sage-grouse has generated a sagebrush shrublands died in Utah in grouse, nor could we find any scientific great deal of interest in the field of 2003 as a result of drought and data supporting the possibility that behavioral ecology, specifically sexual infestations with the Aroga (webworm) stress from vehicles during winter is selection (Boyce 1990, p. 263; Deibert moth (Connelly et al. 2004, p. 5-11). limiting greater sage-grouse populations. 1995, p. 92-93). There is some evidence Sage-grouse are affected by drought Given the continuing influx of people of off-lek copulations by subordinate through the loss of vegetative habitat into the western United States (see males, as well as multiple paternity components, reduced insect production discussion under Urbanization, Factor within one clutch (Connelly et al. 2004, (Connelly and Braun 1997, p. 9), and A; Leu and Hanser, in press, p. 4), p. 8-2; Bush 2009, p. 108). Dispersal also potentially exacerbation of WNv which is contributed to in part by access may contribute to genetic diversity, but infections as described in Factor C to recreational opportunities on public little is known about dispersal in sage- above. These habitat component losses lands, we anticipate effects from grouse (Connelly et al. 2004, p. 3-5). can result in declining sage-grouse recreational activity will continue to However, the lek breeding system populations due to increased nest increase. The foreseeable future for this suggests that population sizes in sage- predation and early brood mortality effect spans for greater than 100 years, grouse must be greater than in non- associated with decreased nest cover as we do not anticipate the desire for lekking bird species to maintain long- and food availability (Braun 1998, p. outdoor recreational activities will term genetic diversity. 149; Moynahan 2007, p. 1781). Aldridge and Brigham (2003, p. 30) diminish. Sage-grouse populations declined estimated that up to 5,000 individual Life History Traits Affecting Population during the 1930s period of drought sage-grouse may be necessary to Viability (Patterson 1952, p. 68; Braun 1998, p. maintain an effective population size of 148). Drought conditions in the late Sage-grouse have comparatively low 500 birds. Their estimate was based on 1980s and early 1990s also coincided reproductive rates and high annual individual male breeding success, with a period when sage-grouse survival (Schroeder et al. 1999 pp. 11, variation in reproductive success of populations were at historically low 14; Connelly et al. 2000a, pp. 969-970), males that do breed, and the death rate levels (Connelly and Braun 1997, p. 8). resulting in slower potential or intrinsic of juvenile birds. We were unable to From 1985 through 1995, the entire population growth rates than is typical find any other published estimates of range of sage-grouse experienced severe of other game birds. Therefore, recovery minimal population sizes necessary to of populations after a decline may maintain genetic diversity and long- drought (as defined by the Palmer require years. Also, as a consequence of term population sustainability in sage- Drought Severity Index) with the their site fidelity to breeding and brood- grouse. However, the minimum viable exceptions of north-central Colorado rearing habitats (Lyon and Anderson population size necessary to sustain the (MZ II) and southern Nevada (MZ III). 2003, p. 489), measurable population evolutionary potential of a species During this time period drought was effects may lag behind negative habitat (retention of sufficient genetic material particularly prevalent in southwestern impacts (Wiens and Rotenberry 1985, p. to avoid the effect of inbreeding Wyoming, Idaho, central Washington 666). While these natural history depression or deleterious mutations) has and Oregon, and northwest Nevada characteristics would not limit sage- been estimated as high as an adult (University of Nebraska 2008). grouse populations across large population of 5,000 individuals (Traill Abnormally dry to severe drought geographic scales under historical et al. 2010, p. 32). Many sage-grouse conditions still persist in Nevada and conditions of extensive habitat, they populations have already been western Utah (MZ III and IV), Idaho (MZ may contribute to local population estimated at well below that value (see IV), northern California and central declines when humans alter habitats or Garton et al. in press and discussions Oregon (MZ V), and southwest mortality rates. under Factor A), suggesting their Wyoming (MZ II) (University of Sage-grouse have one of the most evolutionary potential (ability to persist Nebraska 2008). polygamous mating systems observed long-term) has already been Aldridge et al. (2008, p. 992) found among birds (Deibert 1995, p. 92). compromised if that value is correct. that the number of severe droughts from Asymmetrical mate selection (where 1950 to 2003 had a weak negative effect only a few of the available members of Drought on patterns of sage-grouse persistence. one sex are selected as mates) should Drought is a common occurrence However, they cautioned that drought result in reduced effective population throughout the range of the greater sage- may have a greater influence on future sizes (Deibert 1995, p. 92), meaning the grouse (Braun 1998, p. 148) and is sage-grouse populations as temperatures actual amount of genetic material considered a universal ecological driver rise over the next 50 years, and contributed to the next generation is across the Great Plains (Knopf 1996, synergistic effects of other threats affect smaller than predicted by the number of p.147). Infrequent, severe drought may habitat quality (Aldridge et al. 2008, p. individuals present in the population. cause local extinctions of annual forbs 992). Populations on the periphery of With only 10 to 15 percent of sage- and grasses that have invaded stands of the range may suffer extirpation during grouse males breeding each year perennial species, and recolonization of a severe and prolonged drought (Aldridge and Brigham 2003, p. 30), the these areas by native species may be (Wisdom et al. in press, p. 22).

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13986 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

In summary, drought has been a sagebrush experts and other Federal and precipitation regimes associated with consistent and natural part of the State agencies. the effects of climate change; also, the sagebrush-steppe ecosystem and there is In our analysis of Factor A, we impacts of fire and invasive plants no information to suggest that drought identified and evaluated the present or likely already are, and will continue to was a cause of persistent population threatened destruction, modification, or be, exacerbated by the effects of climate declines of greater sage-grouse under curtailment of the habitat or range of the change. historic conditions. However, drought greater sage-grouse from various causes, Sagebrush restoration techniques are impacts on the greater sage-grouse may including: habitat conversion for limited and generally ineffective. be exacerbated when combined with agriculture; urbanization; infrastructure Further, restoring full habitat function other habitat impacts that reduce cover (e.g., roads, powerlines, fences) in may not be possible in some areas and food (Braun 1998, p. 148). sagebrush habitats; fire; invasive plants; because alteration of vegetation, nutrient cycles, topsoil, and cryptobiotic Summary of Factor E pinyon-juniper woodland encroachment; grazing; energy crusts have exceeded the point beyond Numerous factors have caused sage- development; and climate change. All of which recovery to pre-disturbance grouse mortality, and probably these, individually and in combination, conditions or conditions suitable to morbidity, such as pesticides, are contributing to the destruction, populations of greater sage-grouse, is contaminants, as well as factors that modification, or curtailment of the possible. The impacts to habitat are not contribute to direct and indirect greater sage-grouse’s habitat or range. uniform across the range; some areas disturbance to sage-grouse and Almost half of the sagebrush habitat have experienced less habitat loss than sagebrush, such as recreational estimated to have been present others, and some areas are at relatively activities. Drought has been correlated historically has been destroyed. The lower risk than others for future habitat with population declines in sage-grouse, impact has been greatly compounded by destruction or modification. but is only a limiting factor where the fragmented nature of this habitat Nevertheless, the destruction and habitats have been compromised. loss, as fragmentation results in modification of habitat has been Although we anticipate use of functional habitat loss for greater sage- substantial in many areas across the pesticides, recreational activities, and grouse even when otherwise suitable range of the species, it is ongoing, and fluctuating drought conditions to habitat is still present. Although it will continue or even increase in the continue indefinitely, we did not find sagebrush habitats are increasingly future. Many current populations of any evidence that these factors, either being destroyed, modified, and greater sage-grouse already are relatively separately, or in combination are fragmented for multiple reasons, the small and connectivity of habitat and resulting in local or range-wide declines impact is especially great in relation to populations has been severely of greater sage-grouse. New information fire and invasive plants (and the diminished across much of the range; regarding minimum population sizes interaction between them) in more and further isolation is likely for several necessary to maintain the evolutionary westerly parts of the range, and energy populations. Even the Wyoming Basin potential of a species suggests that sage- development and related infrastructure and the Great Basin area where Oregon, grouse in some areas throughout their in more easterly areas. In addition, Nevada, and Idaho intersect, which are range may already be at population direct loss of habitat and fragmentation the two stronghold areas with relatively levels below that threshold. This is a is occurring due to agriculture, large amounts of contiguous sagebrush result of habitat loss and modification urbanization, and infrastructure such as and sizeable populations of sage-grouse, (discussed under Factor A). roads and powerlines built in support of are experiencing habitat destruction and We have evaluated the best available several activities. Some of these habitat modification (e.g. as a result of oil and scientific information on other natural losses due to these activities occurred gas development and other energy or manmade factors affecting the many years ago, but they continue to development in the Wyoming Basin) species’ continued existence and have an impact due to the resulting and this will continue in the future. determined that this factor does not fragmentation. Renewed interest in Several recent studies have singularly pose a significant threat to agricultural activities in areas demonstrated that sagebrush area is one the species now or in the foreseeable previously defined as unsuitable for of the best landscape predictors of future. these activities, due to economic and greater sage-grouse persistence. technological incentives are likely to Continued habitat destruction and Findings increase habitat loss and fragmentation modification, compounded by Finding on Petitions to List the Greater from agricultural conversion. fragmentation and diminished Sage-Grouse Across Its Entire Range Encroachment of pinyon and juniper connectivity, will result in reduced woodland into sagebrush is increasing abundance and further isolation of As required by the Act, we have and likely to continue in several areas, many populations over time, increasing carefully examined the best scientific altering the structure and composition their vulnerability to extinction. and commercial information available of habitat to the point that is it is greatly Overall, this increases the risk to the in relation to the five factors used to diminished or of no value to sage- entire species across its range. assess whether the greater sage-grouse is grouse. While effects of livestock Therefore, based on our review of the threatened or endangered throughout all grazing must be assessed locally, the best scientific and commercial or a significant portion of its range. We continued removal of sagebrush to information available, we find that the reviewed the petitions, information increase forage directly fragments present or threatened destruction, available in our files, other available habitat, and indirectly provides for modification, or curtailment of the published and unpublished fragmentation through fencing and habitat or range of the greater sage- information, and other information opportunities for invasive plant grouse is a significant threat to the provided to us after our notice initiating incursion. Habitat loss and species now and in the foreseeable a status review of the greater sage-grouse fragmentation also is very likely to future. was published. We also consulted with increase as a result of increased During our review of the best recognized greater sage-grouse and temperatures and changes in scientific and commercial information

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13987

available, we found no evidence of risks effect on the species. Therefore, at this lands, including BLM and FS lands. from overutilization for commercial, time, we find that neither disease nor However, the extent to which the BLM recreational, scientific, or education predation is a sufficiently significant and FS have adopted and adequately affecting the species as a whole. threat to the greater sage-grouse now or implemented appropriate measures to Although the allowable harvest of sage- in the foreseeable future that it requires conserve the greater sage-grouse and its grouse through hunting was very high in listing under the Act as threatened or habitat varies widely across the range of past years, substantial reductions in endangered based on this factor. the species. Regulatory mechanisms harvest began during the 1990s and Our review of the adequacy of addressing the ongoing threats related to have continued to drop, and since existing regulatory mechanisms habitat destruction and modification, approximately 2000 total mortality due included mechanisms in both Canada particularly as related to fire, invasive to hunting has been lower than in the (less than 2 percent of the species’ plants, and energy development, are not last 50 years. The present level of range) and the United States. Greater adequate. There are no known existing hunting mortality shows no sign of sage-grouse are federally protected in regulatory mechanisms currently in being a significant threat to the species. Canada as an endangered species under place at the local, State, national, or However, in light of present and that country’s Species at Risk Act. The international level that effectively threatened habitat loss (Factor A) and species also is listed as endangered by address climate-induced threats to other considerations (e.g. West Nile the provinces of Alberta and greater sage-grouse habitat. In summary, virus outbreaks in local populations), Saskatchewan, and neither province based on our review of the best States and tribes will need to continue allows harvest. In Alberta, individual scientific information available, we to carefully manage hunting mortality, birds are protected, but their habitat is conclude that the inadequacy of existing including adjusting seasons and harvest not. The Saskatchewan Wildlife Act regulatory mechanisms is a significant levels, and imposing emergency restricts development within 500 m threat to the greater sage-grouse now closures if needed. Therefore, we (1,640 ft) of leks and prohibits and in the foreseeable future. conclude that the greater sage-grouse is construction within 1,000 m (3,281 ft) of We assessed the potential risks from not threatened by overutilization for leks from March 15 – May 15, but other natural or manmade factors commercial, recreational, scientific, or numerous studies have shown these including pesticides, contaminants, educational purposes now or in the buffers are inadequate to protect sage- recreational activities, life history traits, foreseeable future. grouse, particularly in nesting areas. and drought. We did not find any We found very few mechanisms in evidence these factors, either separately We found that while greater sage- place at the level of local governments or in combination, pose a risk to the grouse are subject to various diseases, that provide, either directly or species. Therefore, we find that other the only disease of concern is West Nile indirectly, protections to the greater natural and manmade factors affecting virus. Outbreaks of WNv have resulted sage-grouse or its habitat. The species the continued existence of the species in disease-related mortality is local receives some protection under laws of do not threaten the greater sage-grouse areas. Because greater sage-grouse have each of the States currently occupied by now or in the foreseeable future. little or no resistance to this disease, the greater sage-grouse, including hunting The greater sage-grouse occurs across likelihood of mortality of affected regulations and various other direct and 11 western States and 2 Canadian individuals is extremely high. Currently indirect mechanisms. However, in most provinces and is a sagebrush obligate. the annual patchy distribution of the states these provide little or no Although greater sage-grouse have a disease is resulting in minimal impacts protection to greater sage-grouse habitat. wide distribution, their numbers have except at local scales. We are concerned Colorado recently implemented State been declining since consistent data by the proliferation of water sources regulations regarding oil and gas collection techniques have been associated with various human development, but they apply only to implemented. Recent local moderations activities, particularly water sources new developments and prescribe a in the decline of populations indicate a developed in association with coal bed process rather than specific measures period of relative population stability, methane and other types of energy that we can evaluate or rely on to particularly since the mid-1990s. This development, as they provide potential provide protection related to the trend information was one key basis for breeding habitat for mosquitoes that can covered actions. In Wyoming, a our decision in 2005 that listing the transmit WNv. We expect the Governor’s Executive Order (E. O. 2008- greater sage-grouse was not warranted. prevalence of this disease is likely to 2) outlines a strategic framework of core The population trends appear to have increase across much of the species’ habitat areas that may provide the continued to be relatively stable. range, but understand the long-term adequate scale of conservation needed However, our understanding of the response of different populations is over time to ensure the long-term status of the species and the threats expected to vary markedly. Further, a conservation of greater sage-grouse in affecting it has changed substantially complex set of conditions that support the state, but currently only the since our decision in 2005. In particular, the WNv cycle must coincide for an provisions for Wyoming State lands numerous scientific papers and reports outbreak to occur, and consequently show promise as regulatory with new and highly relevant although we expect further outbreaks mechanisms, affecting only a small information have become available, will occur and may be more portion of the species’ range in particularly during the past year. widespread, they likely will still be Wyoming. Although the declining population patchy and sporadic. We found that The majority of greater sage-grouse trends have moderated over the past while greater sage-grouse are prey for habitat is on Federal land, particularly several years, low population sizes and numerous species, and that nest areas administered by the Bureau of relative lack of any sign of recovery predation by ravens and other human- Land Management, and to a lesser across numerous populations is subsidized predators may be increasing extent the U.S. Forest Service. We found troubling. Previously, fluctuations in and of potential concern in areas of a diverse network of laws and sage-grouse populations were apparent human development, no information regulations that relate directly or over time (based on lek counts as an indicates that predation is having or is indirectly to protections for the greater index). However, these have all but expected to have an overall adverse sage-grouse and its habitat on Federal ceased for several years, suggesting

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13988 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

some populations may be at a point basis of the best scientific and subspecies; and (3) genetic evidence where they are unable and unlikely to commercial information available, we does not support recognition of the increase due to habitat limitations, find that listing the greater sage-grouse western sage-grouse as a subspecies. To perhaps in combination with other is warranted across its range. However, be eligible for listing under the Act, an factors. Also, we are aware of the listing the species is precluded by entity must fall within the Act’s likelihood of a lag effect in some areas, higher priority listing actions at this definition of a species, ‘‘*** any because population trend and time, as discussed in the Preclusion and subspecies of fish or wildlife or plants, abundance estimates are not based on Expeditious Progress section below. and any distinct population segment of information about reproductive success We have reviewed the available any species of vertebrate fish or wildlife and population recruitment, but instead information to determine if the existing which interbreeds when mature’’ (Act, are based on the number of adult males and foreseeable threats render the section 3(16)). Based on our review of observed during lek counts. Because of species at risk of extinction now such the best scientific information available, the relative longevity of adult sage- that issuing an emergency regulation we conclude that the western grouse, the lek counts of males could temporarily listing the species as per subspecies is not a valid taxon, and continue to suggest relative stability section 4(b)(7) of the Act is warranted. consequently is not a listable entity even when a population is actually We have determined that issuing an under the Act. Therefore, we find that declining. emergency regulation temporarily listing the western subspecies is not Overall, the range of the species is listing the greater sage-grouse is not warranted. now characterized by numerous warranted at this time (see discussion of We note that greater sage-grouse relatively small populations existing in listing priority, below). However, if at covered by the petition to list the a patchy mosaic of increasingly any time we determine that issuing an putative western subspecies (except for fragmented habitat, with diminished emergency regulation temporarily those in the Bi-State area, which are connectivity. Many areas lack sufficient listing the species is warranted, we will covered by a separate finding, below) unfragmented sagebrush habitats on a initiate this action at that time. are encompassed by our finding that scale, and with the necessary ecological listing the greater sage-grouse rangewide Finding on the Petition to List the attributes (e.g., connectivity and is warranted but precluded (see above). Western Subspecies of the Greater Sage- landscape context), needed to address Further, greater sage-grouse within the Grouse risks to population persistence and Columbia Basin of Washington were support robust populations. Relatively As described in the Taxonomy designated as warranted, but precluded small and isolated populations are more section, above, we have reviewed the for listing as a DPS of the western vulnerable to further reduction over best scientific information available on subspecies in 2001 (65 FR 51578, May time, including increased risk of the geographic distribution, 7, 2001). However, with our finding that extinction due to stochastic events. Two morphology, behavior, and genetics of the western subspecies is not a listable strongholds of relatively contiguous sage-grouse in relation to putative entity, we acknowledge that we must sagebrush habitat (southwestern eastern and western subspecies of sage- reevaluate the status of the Columbia Wyoming and northern Nevada, grouse, as formally recognized by the Basin population as it relates to the southern Idaho, southeastern Oregon AOU in 1957 (AOU 1957, p. 139). The greater sage-grouse; we will conduct this and northwestern Utah) with large AOU has not published a revised list of analysis as our priorities allow. populations which are considered subspecies of birds since 1957, and has Finding on the Petitions to List the Bi- strongholds for the species are also acknowledged that some of the State Area (Mono Basin) Population being impacted by direct habitat loss subspecies probably cannot be validated and fragmentation that will continue for by rigorous modern techniques (AOU As described above we received two the foreseeable future. 1998, p. xii). The Service previously petitions to list the Bi-State (Mono We have reviewed and taken into made a finding that the eastern Basin) area populations of greater sage- account efforts being made to protect subspecies is not a valid taxon and thus grouse as a Distinct Population the species, as required by the Act. is not a listable entity (69 FR 933, Segment. Please see the section titled Although some local conservation January 7, 2004,), and the Court ‘‘Previous federal actions’’ for a detailed efforts have been implemented and are dismissed a legal challenge to that history and description of these effective in small areas, they are neither finding (see Previous Federal Action, petitions. In order to make a finding on individually nor collectively at a scale above). Thus the 12–month petition these petitions, we must first determine that is sufficient to ameliorate threats to finding we are making here is limited to whether the greater sage-grouse in the the species or populations. Many other the petition to list the western Bi-State area constitute a DPS, and if so, conservation efforts are being planned subspecies. we must conduct the relevant analysis but there is substantial uncertainty as to To summarize the information of the five factors that are the basis for whether, where, and when they will be presented in the Taxonomy section making a listing determination. implemented, and whether they will be (above), our status review shows the effective. following with regard to the putative Distinct Vertebrate Population Segment We have carefully assessed the best western subspecies: (1) there is (DPS) Analysis scientific and commercial information insufficient information to demonstrate Under section 4(a)(1) of the Act, we available regarding the present and that the petitioned western sage-grouse must determine whether any species is future threats to the greater sage-grouse. can be geographically differentiated an endangered species or a threatened We have reviewed the petition, from other greater sage-grouse species because of any of the five threat information available in our files, and throughout the range of the taxon; (2) factors identified in the Act. Section other published and unpublished there is insufficient information to 3(16) of the Act defines ‘‘species’’ to information, and consulted with demonstrate that morphological or include ‘‘any subspecies of fish or recognized greater sage-grouse and behavioral aspects of the petitioned wildlife or plants, and any distinct sagebrush experts. We have reviewed western subspecies are unique or population segment of any species of and taken into account efforts being provide any strong evidence to support vertebrate fish or wildlife which made to protect the species. On the taxonomic recognition of the interbreeds when mature’’ (16 U.S.C.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13989

1532 (16)). To interpret and implement status, or regulatory mechanisms exist Range occurs immediately to the north the distinct population segment portion that are significant in light of section of the Virginia Range and south of the of the definition of a species under the 4(a)(1)(D) of the Act. Virginia Mountains. It is currently Act and Congressional guidance, the unknown if the small remnant Markedly Separated From Other Service and the National Marine population occurring in the Pah Rah Populations of the Taxon Fisheries Service (now the National Range aligns more closely with the Bi- Oceanic and Atmospheric Bi-State area greater sage-grouse are State birds or the remainder of the Administration–Fisheries) published, genetically unique compared with other greater sage-grouse. The range on February 7, 1996, an interagency populations of greater sage-grouse. delineation occurs south of the Virginia Policy Regarding the Recognition of Investigations using both mitochondrial Mountains in one of three locations: (1) Distinct Vertebrate Population Segments DNA sequence data and data from the small population occurring in the under the Act (61 FR 4722) (DPS nuclear microsatellites have Pah Rah Range, (2) the extirpated Policy). The DPS Policy allows for more demonstrated that Bi-State area greater population historically occurring in the refined application of the Act that better sage-grouse contain a large number of Virginia Range, or (3) the Pine Nut reflects the conservation needs of the unique haplotypes not found elsewhere Mountains. Limited studies of taxon being considered and avoids the within the range of the greater sage- behavioral differences between the Bi- inclusion of entities that may not grouse (Benedict et al. 2003, p. 306; State population and other populations warrant protection under the Act. Oyler–McCance et al. 2005, p. 1300). have not demonstrated any gross Under our DPS Policy, we consider The genetic diversity present in the Bi- differences that suggest behavioral three elements in a decision regarding State population was comparable to barriers (Taylor and Young 2006, p. 39). the status of a possible DPS as other populations suggesting that the endangered or threatened under the Act. differences were not due to a genetic Conclusion for Discreteness We apply them similarly for additions bottleneck or founder event (Oyler– We conclude the Bi-State population to the List of Endangered and McCance and Quinn in press, p. 18). of greater sage-grouse is markedly Threatened Wildlife, reclassification, These genetic studies provide evidence separate from other populations of the and removal from the List. They are: (1) that the present genetic uniqueness greater sage-grouse based on genetic Discreteness of the population segment exhibited by Bi-State area greater sage- data from mitochondrial DNA in relation to the remainder of the taxon; grouse developed over thousands and sequencing and from nuclear (2) the significance of the population perhaps tens of thousands of years microsatellites. The Bi-State area greater segment to the taxon to which it (Benedict et al. 2003, p. 308; Oyler– sage-grouse contain a large number of belongs; and (3) the population McCance et al. 2005, p. 1307), which unique haplotypes not found elsewhere segment’s conservation status in relation predates Euro-American settlement. within the range of the species. The to the Act’s standards for listing The Service’s DPS Policy states that present genetic uniqueness exhibited by (whether the population segment is, quantitative measures of genetic or Bi-State area greater sage-grouse when treated as if it were a species, morphological discontinuity may be occurred over thousands and perhaps endangered or threatened). Discreteness used as evidence of the marked tens of thousands of years (Benedict et is evaluated based on specific criteria separation of a population from other al. 2003, p. 308; Oyler-McCance et al. provided in the DPS Policy. If a populations of the same taxon. In the Bi- 2005, p. 1307) and continues through population segment is considered State area, the present genetic today due to physical isolation from the discrete under the DPS Policy we must uniqueness is most likely a remainder of the range. These genetic then consider whether the discrete manifestation of prehistoric physical data are the principal basis for our segment is ‘‘significant’’ to the taxon to isolation. Based on the reported conclusion that the Bi-State area greater which it belongs. If we determine that (thousands to tens of thousands sage-grouse are markedly separated from a population segment is discrete and of years) (Benedict et al. 2003, p. 308), other populations of greater sage-grouse significant, we then evaluate it for isolation of this population may have and therefore are discrete under the endangered or threatened status based begun during the Wisconsin Stage of the Service’s DPS Policy. Pleistocene (from approximately on the Act’s standards. The DPS Significance Analysis evaluation in this finding concerns the 25,000 to 9,000 years before present Bi-State (Mono Basin) area greater sage- (ybp)), when Ancient Lake Lahontan The DPS Policy states that if a grouse that we were petitioned to list as covered much of western Nevada. After population segment is considered threatened or endangered, as stated the lake receded (approximately 9,000 discrete under one or both of the above. ybp), barriers to genetic mixing discreteness criteria, its biological and remained. Physical barriers in the form ecological significance will then be Discreteness Analysis of inhospitable habitats (Sierra-Nevada considered in light of Congressional Under our DPS Policy, a population Mountains, salt desert scrub, Mojave guidance that the authority to list DPSs segment of a vertebrate species may be Desert) in most directions maintained be used ‘‘sparingly’’ while encouraging considered discrete if it satisfies either this isolation. With the establishment of the conservation of genetic diversity. In one of the following conditions: (1) It is Virginia City, Nevada (1859), any carrying out this examination, the markedly separated from other available corridor that connected the Bi- Service considers available scientific populations of the same taxon as a State area to the remainder of the greater evidence of the DPS’s importance to the consequence of physical, physiological, sage-grouse range was removed. taxon to which it belongs. As specified ecological, or behavioral factors Currently, no greater sage-grouse in the DPS Policy, this consideration of (quantitative measures of genetic or occur in the Virginia Range, having been the significance may include, but is not morphological discontinuity may extirpated several decades ago. The limited to, the following: (1) persistence provide evidence of this separation); or population in closest proximity to the of the discrete population segment in an (2) it is delimited by international Bi-State area occurs in the Pah Rah ecological setting unusual or unique to governmental boundaries within which Range to the northeast of Reno, Nevada, the taxon; (2) evidence that its loss differences in control of exploitation, and approximately 50 km (31 mi) to the would result in a significant gap in the management of habitat, conservation north of the Bi-State area. The Pah Rah range of the taxon; (3) evidence that it

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13990 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

is the only surviving natural occurrence that may be more abundant elsewhere as (GSG finding) above for life history of a taxon that may be more abundant an introduced population outside its information. elsewhere as an introduced population historical range. Bi-State area greater outside its historical range; or (4) sage-grouse are not the only surviving Habitat Description and Characteristics evidence that the discrete population occurrence of the taxon and represent a Please see this section of the GSG segment differs markedly from other small proportion of the total extant finding, above, for information on sage- populations of the species in its genetic range of the species. grouse habitat. characteristics. The DPS Policy further (4) Evidence that the discrete states that because precise population segment differs markedly Distribution circumstances are likely to vary from other populations of the species in considerably from case to case, it is not its genetic characteristics. Genetic The Bi-State DPS of the greater sage- possible to describe prospectively all analyses show the Bi-State area sage- grouse historically occurred throughout the classes of information that might grouse have a large number of unique most of Mono, eastern Alpine, and bear on the biological and ecological haplotypes not found elsewhere in the northern Inyo Counties, California (Hall importance of a discrete population range of the species (Benedict et al. et al. 2008, p. 97), and portions of segment. 2003, p. 306; Oyler-McCance et al. 2005, Carson City, Douglas, Esmeralda, Lyon, (1) Persistence of the discrete p. 1300). Benedict et al. (2003, p. 309) and Mineral Counties, Nevada (Gullion population segment in an ecological indicated that the preservation of and Christensen 1957, pp. 131–132; setting unusual or unique to the taxon. genetic diversity represented by this Espinosa 2006a, pers. comm.). Although The Bi-State area greater sage-grouse unique allelic composition is of the current range of the population in population occurs in the Mono province particular importance for conservation. California was presumed reduced from (Rowland et al. 2003, p. 63). This On the basis of the discussion the historical range (Leach and Hensley, ecological province is part of the Great presented above, we conclude the Bi- 1954, p. 386; Hall 1995, p. 54; Schroeder Basin, and on a gross scale the State greater sage-grouse population et al. 2004, pp. 368–369), the extent of ecological provinces that comprise this meets the significance criterion of our loss is not well understood and there area are characterized by basin and DPS Policy. may, in fact, have been no net loss (Hall range topography. Basin and range Conclusion of Distinct Population et al. 2008, p. 96) in the California topography covers a large portion of the Segment Review portion of the Bi-State area. Gullion and western United States and northern Based on the best scientific and Christensen (1957, pp. 131–132) Mexico. It is typified by a series of commercial data available, as described reported that greater sage-grouse north–south-oriented mountain ranges above, we find that under our DPS occurred in Esmeralda, Mineral, Lyon, running parallel to each other, with arid Policy, the Bi-State greater sage-grouse and Douglas Counties. However, parts of valleys between the mountains. Most of population is discrete and significant to Carson City County were likely part of Nevada and eastern California comprise the overall species. Because the Bi-State the original range of the species in basin and range topography with only greater sage-grouse population is both Nevada and it is possible that greater slight variations in floristic patterns. discrete and significant, we find that it sage-grouse still persist there (Espinosa Hence, we do not consider Bi-State area is a distinct population segment under 2006a, pers. comm.). The extent of the greater sage-grouse to occur in an our DPS Policy. We refer to this range loss in the Nevada portion of the ecological setting that is unique for the population segment as the Bi-State DPS Bi-State area not been estimated (Stiver taxon. of the greater sage-grouse. 2002, pers. comm.). (2) Evidence that its loss would result in a significant gap in the range of the Conservation Status In 2001, the State of Nevada sponsored development of the Nevada taxon. The estimated total extant range Pursuant to the Act, as stated above, 2 Sage-Grouse Conservation Strategy of greater sage-grouse is 668,412 km we announced our determination that 2 (Sage-Grouse Conservation Planning (258,075 mi ) (Schroeder et al. 2004, p. the petitions to list the Bi-State area 363) compared to approximately 18,310 population of greater sage-grouse Team 2001). This Strategy established km2 (7,069 mi2) for the Bi-State area contained substantial information that Population Management Units (PMUs) sage-grouse (Bi-State Plan 2004). Bi- the action may be warranted. Having for Nevada and California as State area sage-grouse therefore occupy found the Bi-State population qualifies management tools for defining and about 3 percent of the total extant range as a DPS, we now must consider, based monitoring greater sage-grouse of greater sage-grouse. Loss of this on the best available scientific and distribution (Sage-Grouse Conservation population would not create a gap in the commercial data whether the DPS Planning Team 2001, p. 31). The PMU remainder of the species range because warrants listing. We have evaluated the boundaries are based on aggregations of the Bi-State population does not provide conservation status of the Bi-State DPS leks, greater sage-grouse seasonal for connectivity for other portions of the of the greater sage-grouse in order to habitats, and greater sage-grouse range. Therefore, we conclude that loss make that determination. Our analysis telemetry data (Sage-Grouse of this population would not represent follows below. Conservation Planning Team 2001, p. a significant gap in the range of the 31). The PMUs that comprise the Bi- species. Life History Characteristics State planning area are Pine Nut, Desert (3) Evidence that it is the only Please see this section of the greater Creek–Fales, Mount Grant, Bodie, South surviving natural occurrence of a taxon sage-grouse 12–month petition finding Mono, and White Mountains (Figure 4).

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13991

Currently in the Bi-State area, sage- considered active and approximately 30 portion consisting of 8 active leks grouse leks occur in all of the delineated appear to be core leks or occupied and probably 4 core leks. In PMUs, with the greatest concentration annually. California, on the Fales portion of of leks occurring in the Bodie and South • In the Pine Nut PMU, there are 10 this PMU, there are 6 known leks Mono PMUs. Historically there were as known leks, 4 of which are consisting of 2 or 3 core leks and 3 many as 122 lek locations in the Bi-State considered active. Only 1 or 2 satellite leks. area, although not all were active in any appear to be core leks (occupied • In the Mount Grant PMU, there are 12 given year. This number is likely annually) with the remainder known leks with 8 active leks. Of inflated due to observer and mapping considered satellite leks (active the active leks, 2 to 4 appear to be error. The Nevada Department of during years of high bird annually attended. Survey data are Wildlife (NDOW) reports a total of 89 abundance). limited, and it is not known how known leks in the Bi-State area (NDOW many leks are active on an annual 2008, p. 7; NDOW 2009, unpublished • In the Desert Creek–Fales PMU, there basis versus in years of high bird data). Of these, approximately 39 are are 19 known leks on the Nevada abundance.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 EP23MR10.003 13992 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

6-61, 6-62). Essentially, the South Mono State area. Low and high population • In the Bodie PMU, 29 leks have been Lake population encompasses the South estimates are derived by combining a mapped. Approximately 7 to 8 Mono PMU, while the North Mono Lake corrected number of males detected on appear to be core leks, 6 to 12 population encompasses the Bodie, a lek, an assumed sex ratio of two appear to be satellite locations, and Mount Grant, and Desert Creek–Fales females to one male, and two lek the remainder are not well defined PMUs. The authors reported that the detection rates (intended to capture the (i.e., satellites or changes in lek North Mono Lake population displayed uncertainty associated with finding focal activity, poorly mapped, one- a significant negative trend from 1965 to leks). The lek detection rates vary by time observations). 2003, and the South Mono Lake PMU but range between 0.75 and 0.95. • In the South Mono PMU there are 9 population displayed a non-significant Beginning in 2003, the CDFG and leks in the Long Valley area near positive trend over this same period NDOW began using the same method to Mammoth Lakes, most of which are (Connelly et al. 2004, pp. 6-69, 6-70). estimate population numbers, and In 2008, WAFWA conducted a similar annually active. Additionally, 1 lek consequently, the most comparable trend analysis on these two populations occurs in the Parker Meadows area population estimates for the entire Bi- using a different statistical method for south of Lee Vining, and 2 leks State area start in 2003. Prior to 2003, the periods from 1965 to 2007, 1965 to occurred along Highway 120 at the Nevada survey efforts varied from year 1985, and 1986 to 2007 (WAFWA 2008, base of Granite Mountain and in to year, with no data for some years, and Appendix D). The 2008 WAFWA Adobe Valley but these 2 leks may inconsistent survey methodology. The analysis reports the trend for the North be extirpated. CDFG methods for estimating • In the White Mountains PMU 2 leks Mono Lake population, as measured by populations of greater sage-grouse in appear active in California in the maximum male attendance at leks, was California were more consistent than vicinity of the Mono and Inyo negative from 1965 to 2007 and 1965 to NDOW’s prior to 2003. However, using County line, and the NDOW reports 1985 but variable from 1986 to 2007, population estimates for greater sage- 5 active leks in Esmeralda County. and suggests an increasing trend grouse derived before 2003 could lead to Due to long-term and extensive survey beginning in about 2000. WAFWA’s invalid and unjustified conclusions efforts, it is unlikely that new leks will results for the South Mono Lake given the variation in the number of leks be found in the Nevada or California population suggest a negative trend surveyed, survey methodology, and portions of the Pine Nut and Desert from 1965 to 2007, a stable trend from population estimation techniques Creek–Fales PMUs or the Bodie and 1965 to 1985, and a variable trend from between the NDOW and CDFG. South Mono PMUs in California 1986 to 2007, again suggesting a positive Therefore, we are presenting population (Espinosa 2006b, pers. comm.; Gardner trend beginning around 2000. These two numbers from 2003 to 2009. Population 2006, pers. comm.). It is possible that populations do not encompass the estimates derived from spring lek counts unknown leks exist in the Mount Grant entire Bi-State area but do represent a are problematic due to unknown or PMU and the Nevada and California large percentage of known leks. The two uncontrollable biases such as the true portions of the White Mountains PMU, PMUs excluded from this analysis were ratio of females to males or the as these PMUs are less accessible the Pine Nut and White Mountains, percentage of uncounted leks. We resulting in reduced survey effort which WAFWA delineates as separate provide this information in order to (Espinosa 2006b, pers. comm.; Gardner populations that lacked sufficient data place into context what we consider to 2006, pers. comm.). for analysis. be a reasonable range as to the extent of Based on landownership, 46 percent A new analysis by Garton et al. (in the population in the Bi-State area as of leks in the Bi-State area occur on press, pp. 36, 37), also reports a decline well as to demonstrate the apparent Bureau of Land Management (BLM) in the North Mono Lake population variability in annual estimates over the lands, 25 percent occur on U.S. Forest from the 1965–1969 to 2000–2007 short term. For reasons described above Service (USFS) lands, 17 percent occur assessment periods, with no consistent we caution against assigning too much on private land, 7 percent occur on Los long-term trend. In the South Mono certainty to these results. Angeles Department of Water and Power Lake population, Garton et al. (in press, (LADWP) lands, 4 percent occur on pp. 37, 38) report an increase in the Spring population estimates are Department of Defense (DOD) lands, and 1965–1969 to 1985–1989 assessment presented in Tables 11 and 12 for the 1 percent occur on State of California periods but a decline in the 1985–1989 South Mono, Bodie, Mount Grant, and lands (Espinosa 2006c, pers. comm.; to 2000–2007 assessment periods, with Desert Creek–Fales PMUs (CDFG 2009, Taylor 2006, pers. comm.). Of the 30-35 no obvious trend. Garton et al. (in press, unpublished data; NDOW 2009, core leks in the Bi-State area, only 3 are pp. 36, 38) report that the estimated unpublished data). They also include known to occur on private lands. average annual rate of change for both population estimates for the Nevada of these populations suggests that portion of the Pine Nut PMU (NDOW Population Trend and Abundance growth of these two populations has 2009, unpublished data). However, they In 2004, WAFWA conducted a partial been, at times, both positive and do not include population estimates for population trend analysis for the Bi- negative. the White Mountains PMU or the State area (Connelly et al. 2004, Chapter The CDFG and NDOW annually California portion of the Pine Nut PMU. 6). The WAFWA recognizes four conduct greater sage-grouse lek counts Due to the difficulty in accessing the populations of greater sage-grouse in the in the California and Nevada portions, White Mountains PMU, no consistent Bi-State area but only two populations respectively, of the Bi-State area. These surveys have been conducted and it (North Mono Lake and South Mono lek counts are used by the CDFG and appears that birds are not present in the Lake) had sufficient data to warrant NDOW to estimate greater sage-grouse California portion of the Pine Nut PMU analysis (Connelly et al. 2004, pp. 6-60, populations for each PMU in the Bi- (Gardner 2006, pers. comm.).

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13993

TABLE 11—COMBINED SPRING POPULATION ESTIMATES FOR BI-STATE AREA GREATER SAGE-GROUSE. (SEE TEXT FOR CITATIONS.)

Survey year Population estimate range

2003 2,820 to 3,181

2004 3,682 to 4,141

2005 3,496 to 3,926

2006 4,218 to 4,740

2007 3,287 to 3,692

2008 2,090 to 2,343

2009 2,712 to 3,048

TABLE 12—POPULATION MANAGEMENT UNIT (PMU) SIZE, OWNERSHIP AND ESTIMATED SUITABLE GREATER-SAGE-GROUSE HABITAT, AND ESTIMATED GREATER SAGE-GROUSE POPULATION FOR 2009. (SEE TEXT FOR DETAILS AND CITATIONS.)

Estimated Population Management Total Size Percent Federal Land Habitat Estimated Population Unit (PMU) acres (ha) acres (ha) (2009)

Pine Nut 574,373 (232,441) 72 233,483 (94,488) 89–107

Desert Creek-Fales 567,992 (229,859) 88 191,985 (77,694) 512–575

Mount Grant 699,079 (282,908) 90 254,961 (103,180) 376–427

Bodie 349,630 (141,491) 74 183,916 (74,428) 829–927

South Mono 579,483 (234,509) 88 280,492 (113,512) 906–1,012

White Mountains 1,753,875 (709,771) 97 418,056 (169,182) NA

As shown in Table 12, Federal lands (0.9 to 52.9 mi2), with a mean home Bi-State area some known bird comprise the majority of the area within range size of 38.6 km2 (14.9 mi2) movements would be classified as PMUs. Although other land ownership (Overton 2006, unpublished data). Male migratory, but the majority of radio- is small in comparison, these other greater sage-grouse home range size marked individuals have not shown lands contain important habitat for ranged from 6.1 to 245.7 km2 (2.3 to movements large enough to be greater sage-grouse life cycle 94.9 mi2) with a mean home range size characterized as migratory (Casazza et requirements. In particular, mesic areas of 62.9 km2 (24.1 mi2) (Overton 2006, al. 2009, p. 8). that provide important brood rearing unpublished data). Annual home ranges In association with Casazza et al. habitat are often on private lands. were largest in the Bodie PMU and (2009), Kolada (2007) conducted a study smallest in the Parker Meadows area of examining nest site selection and nest Movement, Habitat Use, Nest Success, the South Mono PMU and the California survival of greater sage-grouse in Mono and Survival portion of the Desert Creek–Fales PMU. County, These greater sage-grouse Casazza et al. (2009, pp. 1-49) The data from more than 7,000 selected nest sites high in shrub cover conducted a 3–year study on greater telemetry locations, representing the (42 percent on average), and these sage-grouse movements in the Bi-State 145 individuals indicate movement shrubs were often species other than area. The researchers radio-marked 145 between populations in the Bi-State area sagebrush (i.e., bitterbrush (Purshia birds, including 104 females and 41 is limited. No birds caught within the tridentata)) (Kolada 2007, p. 18). The males, in Mono County within the White Mountains, South Mono, or reported amount of shrub cover was not Desert Creek–Fales, Bodie, White Desert Creek–Fales PMUs made outside the normal range found in other Mountains, and South Mono PMUs movements outside their respective studies (Connelly et al. 2000a, p. 970). (Casazza et al. 2009, p. 6). The greatest PMUs of capture. Previously, the NDOW However, there was a large contribution distance moved by radio-marked birds tracked a female greater sage-grouse of non-sagebrush shrubs to greater sage- between any two points is as follows: 29 radio-marked near Sweetwater Summit grouse nesting habitat in Mono County. percent moved from 0 to 8 km (0 to 5 in the Nevada portion of the Desert There was no evidence that greater sage- mi); 41 percent moved from 8 to 16 km Creek–Fales PMU to Big Flat in the grouse hens were selecting for nest sites (5 to 10 mi); 25 percent moved from 16 northern portion of the Bodie PMU, with greater residual grass cover or to 24 km (10 to 15 mi); 4 percent moved suggesting possible interaction between height as compared to random sites. from 24 to 32 km (15 to 20 mi); and 1 these PMUs. Also, some birds caught in Overall nest success among birds in percent moved greater than 32 km (20 the Bodie PMU made seasonal Mono County during the 3–year study mi). movements on the order of 8 to 24 km (2003–2005) appears to be among the Female greater sage-grouse home (5 to 15 mi) east into Nevada and the highest of any population rangewide range size ranged from 2.3 to 137.1 km2 adjacent Mount Grant PMU. Within the (Kolada 2007, p. 70). However, nest

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13994 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

success in Long Valley (South Mono the entire greater sage-grouse species. Sagehen (16.2 ha (40 ac)) and Gaspipe PMU) was substantially lower than for The available information indicates that (16.2 ha (40 ac)) Meadows located in the either the Bodie or Desert Creek–Fales the members of the species have similar South Mono PMU have recently been PMUs. physiological and behavioral affected by development. Also, Also in association with Casazza et al. characteristics, and consequently Sinnamon (~485 ha, ~1,200 ac) and (2009), Farinha et al. (2008, similar habitat associations. We believe Upper Summers Meadows (~1,214 ha; unpublished data) found that survival of the potential effects of specific stressors ~3,000 ac) located in the Bodie PMU adults was lowest in the northern Bi- on the Bi-State DPS of the greater sage- are currently for sale (Taylor 2008, pers. State area and highest in Long Valley. grouse are the same as those described comm.). Each of these private parcels is Near Sonora Junction, California (Desert in the GSG finding, above. To avoid important to greater sage-grouse because Creek–Fales PMU) and in the Bodie redundancy, the descriptions of these of the summer brood-rearing habitat Hills (Bodie PMU), adult survival was 4 effects are omitted below and further they provide (Taylor 2008, pers. and 18 percent, respectively. Sedinger et detail and citations may be found in the comm.). The NDOW is concerned that al. (unpublished data, p. 12) derived a corresponding analysis in the GSG the urbanization or the division of larger similar adult survival estimate (16 finding, above. tracts of private lands into smaller percent) for an immediately adjacent ranchettes will adversely affect greater The range of the Bi-State DPS of the area in Nevada. Survival estimates at sage-grouse habitat in the Nevada greater sage-grouse is roughly 3 percent these three locations are unusually low portion of the Pine Nut and Desert of the area occupied by the entire (Sedinger et al. unpublished data, p. Creek–Fales PMUs (NDOW 2006, p. 4). greater sage-grouse species, and the 12). In Long Valley, Farinha et al. (2008, The NDOW reported that expansions of relative impact of effects caused by unpublished data) estimated adult Minden, Gardnerville, and Carson City, specific threats may be greater at this survival at 53 percent, which is more Nevada, are encroaching into the Pine smaller scale. We have considered these consistent with annual survival Nut Range (within the Pine Nut PMU) estimates reported in other portions of differences of scale in our analysis and and that housing development in Smith the species’ range. our subsequent discussion is focused on Valley and near Wellington, Nevada, the degree to which each threat has fragmented and diminished greater Summary of Factors Affecting the Bi- influences the Bi-State DPS of the State DPS of the Greater Sage-Grouse sage-grouse habitats in the north portion greater sage-grouse. Individual threats of the Desert Creek–Fales PMU (NDOW Section 4 of the Act (16 U.S.C. 1533) described within Factors A through E 2006, p. 4). and implementing regulations at 50 CFR below are not all present across the Development of private lands is part 424, set forth procedures for adding entire Bi-State area. However, the known to impact greater sage-grouse species to the federal Lists of influence of each threat on specific habitat (Connelly et al. 2004, pp. 7-25, Endangered and Threatened Wildlife populations may influence the 7-26), and federal and state agencies and Plants. In making this finding, we resiliency and redundancy of the entire may actively work to purchase parcels summarize below information regarding Bi-State greater sage-grouse population. important for greater sage-grouse the status and threats to the Bi-State Factor A: The Present or Threatened conservation. Recently, the State of DPS of the greater sage-grouse in Destruction, Modification, or California purchased a 470 ha (1,160 ac) relation to the five factors provided in Curtailment of Its Habitat or Range parcel in the Desert Creek–Fales PMU section 4(a)(1) of the Act. Under section comprising the largest contiguous (4) of the Act, we may determine a Urbanization private land parcel in the California species to be endangered or threatened portion of the PMU. on the basis of any of the following five Changing land uses have and When private lands adjacent to public factors: (A) Present or threatened continue to occur in the Bi-State area. lands are developed, there can be destruction, modification, or Where traditional private land use was impacts to greater sage-grouse on the curtailment of habitat or range; (B) primarily farming and ranching public lands. Approximately 89 percent overutilization for commercial, operations, today, some of these lands of the land contained within the Bi- recreational, scientific, or educational are being sold and converted to low- State area is federally managed land, purposes; (C) disease or predation; (D) density residential housing primarily by the USFS and BLM. The inadequacy of existing regulatory developments. About 8 percent of the BLM and USFS manage public lands mechanisms; or (E) other natural or land base in the Bi-State area is under federal laws that provide for manmade factors affecting its continued privately owned. A 2004 threat analysis multiple-use management, which allows existence. We evaluated whether threats recognized urban expansion as a risk to a number of actions that are either to the Bi-State area greater sage-grouse greater sage-grouse in the Pine Nut, detrimental or beneficial to sage-grouse DPS may affect its survival. Our Desert Creek–Fales, Bodie, and South (Bi-State Plan 2004). The Bi-State Plan evaluation of threats is based on Mono PMUs (Bi-State Plan 2004, pp. 24, (2004, pp. 24, 88) reported within the information provided in the petitions, 47, 88, 169). The CDFG reports that Pine Nut and Bodie PMUs, habitat loss available in our files, and other sources private lands have been sold and one and fragmentation associated with land considered to be the best scientific and parcel was recently developed on use change and development is not commercial information available Burcham Flat within the Desert Creek– restricted to private lands. Rights-of-way including published and unpublished Fales PMU (CDFG 2006). Additionally, (ROW) across public lands for roads, studies and reports. a planned subdivision of a 48 ha (120 utility lines, sewage treatment plants, Our understanding of the biology, ac) parcel that is in close proximity to and other public purposes are ecology, and habitat associations of the the Burcham Flat lek, 1 of 3 remaining frequently granted to support Bi-State DPS of the greater sage-grouse, leks in the California portion of the development activities on adjacent and the potential effects of perturbations Desert Creek–Fales PMU, is currently private parcels. such as disease, urbanization, and under review by the County of Mono, Based on location data from radio- infrastructure development on this California. The subdivision would marked birds in the Desert Creek–Fales, population, is based primarily on replace a single ranch operation with Bodie, and South Mono PMUs, greater research conducted across the range of three private residences. sage-grouse home ranges consist of a

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13995

combination of public and privately sage-grouse are unknown as the level of urbanization have exerted and will owned lands (Casazza 2009, p. 9). In the commercial flight traffic these birds may continue to exert a negative influence in Desert Creek–Fales PMU, use of private be exposed to is undetermined as is the specific portions of greater sage-grouse lands was most pronounced near impact this exposure will have on range in the Bi-State area. This is Burcham and Wheeler Flats. Home population dynamics. already especially apparent in the ranges of these individuals The Benton Crossing landfill in Mono northern portion of the range of the Bi- encompassed between 10 and 15 County is located north of Crowley Lake State DPS of the greater sage-grouse, in percent private lands, depending on the in Long Valley (South Mono PMU) on the Pine Nut, Desert Creek–Fales, and season (Casazza et al. 2009, p. 19). In the a site leased from the LADWP. Common Bodie PMUs (NDOW 2006, p. 4; Bi-State Bodie PMU radio-marked birds were ravens (Corvus corax) and California Plan 2004, pp. 24, 88). found to use private lands between 10 gulls (Larus californicus) are known to Infrastructure - Fences, Powerlines, and and 20 percent of the time, with use heavily use the facility (Coates 2008, Roads most pronounced during the summer pers. comm.), although no specific and winter months (Casazza 2009, p. surveys of either species’ abundance Fences are considered a risk to greater 27). In the South Mono and White have been conducted. The influence sage-grouse in all Bi-State PMUs (Bi- Mountains PMUs, use of private lands these known predators have on the State Plan 2004, pp. 54, 80, 120, 124, was greatly restricted. We have limited population dynamics of the South Mono 169). As stated in the December 19, quantitative data for birds breeding in PMU is not known. However, Kolada 2006, 90–day finding (71 FR 76058), the the Nevada portion of the Bi-State area. (2007, p. 66) reported that nest success BLM Bishop Field Office reported However, some greater sage-grouse in Long Valley was significantly lower increased greater sage-grouse mortality breeding in the Bodie PMU moved to in comparison to other populations and decreased use of leks when fences wintering habitat on private land in within the Bi-State planning area. This were in close proximity. Known Nevada on the adjacent Mount Grant result may be attributable to the instances of collision, and the potential PMU. Also, private lands in the Nevada increased avian predators subsidized by to fragment and degrade habitat quality portion of the Desert Creek–Fales PMU landfill operations (Casazza 2008, pers. by providing movement pathways and and the Mount Grant PMU are used by comm.). perching substrates for invasive species and predators have been cited. sage-grouse throughout the year, Summary: Urbanization especially during the late summer Fences can also provide a valuable brood-rearing period (Espinosa 2008, Development of private lands for rangeland management tool. If properly pers. comm.). housing and the associated sited and designed, fencing may The Town of Mammoth Lakes, infrastructure within the Bi-State area is ultimately improve habitat conditions California, located in the southern resulting in the destruction and for greater sage-grouse. Near several leks extent of the Bi-State planning area modification of habitat of the Bi-State in the Long Valley area of the South recently adopted measures that will area greater sage-grouse DPS. The threat Mono PMU, the BLM and LADWP are allow for more development on private of development is greatest in the Pine currently using ‘‘let down’’ fences as a lands (Town of Mammoth Lakes General Nut, Desert Creek–Fales, and Bodie means of managing cattle. This design Plan 2007). Increased indirect effects to PMUs, where development is, and will utilizes permanent fence posts but greater sage-grouse habitat are expected likely continue to impact Bi-State area allows the horizontal wire strands to be due increases in the human population greater sage-grouse DPS use of specific effectively removed (let down) during in the area. seasonal sites. The small private the greater sage-grouse breeding season The proposed expansion of the holdings in the Bi-State area are or when cattle are not present. While Mammoth Yosemite Airport is located typically associated with mesic meadow this method does not ameliorate all in occupied greater sage-grouse habitat or spring habitats that play an important negative aspects of fence presence such within the South Mono PMU. role in greater sage-grouse life history. as perches for avian predators, it does Approximately 1.6 ha (4 ac) of land Greater sage-grouse display strong site reduce the likelihood of collisions. immediately surrounding the airport is fidelity to traditional seasonal habitats Currently, data on the total extent zoned for development. Also, the and loss of specific sites can have (length and distribution) of existing Federal Aviation Administration (FAA) pronounced population impacts. The fences and the amount of new fences recently resumed regional commercial influence of land development on the being constructed are not available for air service at the Airport with two population dynamics of greater sage- the Bi-State area. winter flights per day beginning in 2008 grouse in the Bi-State area is greater Powerlines occur in all Bi-State PMUs and potentially increasing to a than a simple measure of spatial extent. and are a known threat to the greater maximum of eight winter flights per day As noted above, resumption of sage-grouse, but the degree of effect by 2011 (FAA 2008, ES-1). The commercial air service at the Mammoth varies by location. In the Pine Nut PMU, Mammoth Yosemite Airport formerly Yosemite Airport, combined with the powerlines border the North Pine Nut had regional commercial air service construction of an adjacent business lek complex on two sides (Bi-State Plan from 1970 to the mid-1990’s (FAA 2008, park, will likely affect greater sage- 2004, p. 28). An additional line segment p. 1-5), and it currently supports about grouse in the South Mono PMU through to the northwest of this complex is 400 flights per month of primarily increasing aircraft and human activity currently undergoing review by the single-engine, private aircraft (Town of in or near sage-grouse habitat. BLM Carson City District. If this Mammoth Lakes 2005, p. 4-204). All Development of public and private additional line is approved, powerlines greater sage-grouse in the Long Valley lands for a variety of purposes, will surround the greater sage-grouse portion of the South Mono PMU occur including residential homes and ROWs habitat in the area. Of the four leks in close proximity to the Airport and to support associated infrastructure can considered active in the area, the have been exposed to commercial air negatively affect sage-grouse and their distance between the leks and the traffic in the past, and are currently habitat, and while these threats may not powerlines ranges from approximately exposed to private air traffic. Effects of be universal, localized areas of impacts 1.2 to 2.9 km (0.74 to 1.8 mi). reinstating commercial air service at the are anticipated. Based on the data Additionally, one line currently bisects Mammoth Yosemite Airport on greater available, direct and indirect effects of the relatively limited nesting habitat in

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00087 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13996 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

the area. Proximity to powerlines is complex in proximity to this line access to many significant lek sites. In negatively associated with greater sage- segment that have been sporadically Long Valley, lek sites are accessible via grouse habitat use, with avoidance of active over recent years. Whether this well maintained gravel roads. otherwise suitable breeding habitat (as variation in active use is due to the Recreational use of these areas is high indicated by the location of active leks), powerline is not clear. Additionally, and road traffic is substantial. Two lek which may be the result of predator there is strong potential for geothermal sites that were in close proximity (< 300 avoidance (e.g., ravens and raptors) (Bi- energy development in the Mount Grant m (1,000 ft)) to Highway 120 are thought State Plan 2004, p. 81; and see PMU that will require additional to be extirpated although the exact Powerlines discussion under Factor A in distribution lines to tie into the existing cause of extirpation is unknown. Roads the GSG finding above). electrical grid (see Renewable Energy in the White Mountains PMU may In the Desert Creek–Fales PMU, Development below; RETAAC 2007). Of negatively impact greater sage-grouse powerlines are one of several types of significant concern will be additional populations and their habitats, and infrastructure development that impact distribution lines in proximity to the construction of new roads in this PMU greater sage-grouse through historic mining district of Aurora, will fragment occupied or potential displacement and habitat fragmentation Nevada, which supports the largest lek habitat for the species (Bi-State Plan (Bi-State Plan 2004, p. 54). Recent in the Mount Grant PMU and occurs 2004, pp. 120, 124). declines in populations near Burcham about 2.5 km (1.5 mi) from the main Although greater sage-grouse have and Wheeler Flats in the California north-south line. been killed due to vehicle collisions in portion of the Desert Creek–Fales PMU The Bi-State Plan (2004, p. 169) the Bi-State area (Wiechmann 2008, p. may be related to construction of mentions three transmission lines in the 3), the greater threat with respect to powerlines and associated land use South Mono PMU that may be roads is their influence on predator activities (Bi-State Plan 2004, p. 54). impacting birds in the area on a year movement, invasion by nonnative This area continues to see urban round basis including three leks that are annual grasses, and human disturbance. development which will likely require in proximity to existing utility lines. Currently in the Bi-State area, all federal additional distribution lines. In the Future geothermal development may lands except those managed by the Bodie PMU, utility lines are a current also result in expansion of transmission BLM’s Carson City District Office have and future threat that affects multiple lines in the South Mono PMU (Bi-State restrictions limiting vehicular travel to sites (Bi-State Plan 2004, p. 81). In Plan 2004, p. 169). Threats posed by designated routes. The lands where northern California, utility lines have a powerlines to the White Mountains these restrictions apply account for negative effect on lek attendance and PMU are not currently imminent, roughly 1.6 million ha (4 million ac) or strutting activity. Radio-tagged greater although future development is 86 percent of the land base in the Bi- sage-grouse loss to avian predation possible. State area. Both the Inyo and increased as the distance to utility lines An extensive road network occurs Humboldt–Toiyabe National Forests decreased (Bi-State Plan 2004, p. 81). throughout the Bi-State area. The type of have recently mapped existing roads Common ravens are a capable nest road varies from paved, multilane and trails on Forest Lands in the Bi- predator and often nest on power poles highways to rough jeep trails but the State area as part of a USFS Travel or are found in association with roads. majority of road miles are unpaved, dirt Management planning effort including The Bi-State Plan also identifies two-track roads. Traffic volume varies identification of designated routes (Inyo numerous small-distribution utility significantly, as does individual lines in the Bodie PMU that are likely population exposure. For a National Forest 2009; Humboldt– negatively affecting greater sage-grouse. comprehensive discussion of the effects Toiyabe National Forest 2009). These The plan references the expected of roads on greater sage-grouse see planning efforts will most directly development of new lines to service Roads under Factor A in the GSG influence the South Mono, Desert private property developments. The finding above. In the Desert Creek–Fales Creek–Fales, and Mount Grant PMUs; BLM Bishop Field Office reported PMU, roads are a risk to greater sage- however, the degree to which they will reduced activity at one lek adjacent to grouse (Bi-State Plan 2004, p. 54). All influence greater sage-grouse a recently developed utility line and leks in this PMU are in close proximity populations is unclear. While the suggested this may have been to dirt two-track roads. Seven of eight planning effort of the Inyo National influenced by the development (Bi-State consistently occupied leks in recent Forest has, and the planning effort of the Plan 2004, p. 81). Since 2004, however, years are in relatively close proximity (< Humboldt-Toiyabe National Forest will numbers at this lek have rebounded. 2.5 km (1.5 mi)) to well- traveled likely add many miles of unauthorized Currently, there are no high-voltage highways. Although abundant, roads routes to the National Forest System, utility lines in the Bodie PMU, nor are were not presented as a specific risk these routes have already been in use for there any designated corridors for this factor for the Pine Nut, Bodie, or Mount decades and any future negative impacts use in existing land use plans (Bi-State Grant PMUs during the development of will be the result of an increase in use Plan 2004, p. 82). their respective risk assessments (Bi- of these routes. A high-voltage powerline currently State Plan 2004). Large portions of these Starting in 2005, the BLM’s Bishop fragments the Mount Grant PMU from PMUs are not accessible, due to heavy Field Office implemented seasonal north to south, with two to three winter snow until early summer after closures of several roads in proximity to additional smaller distribution lines the completion of the breeding season three lek complexes in the Long Valley extending from Hawthorne, Nevada, and many of the roads are not frequently area of the South Mono PMU during the west to the California border. The larger traveled. However, several leks in the spring breeding season as part of a north–south trending powerline is sited Bodie PMU are in proximity to well- greater sage-grouse management strategy in a corridor that was recently adopted maintained and traveled roads. (BLM 2005c, p. 3). The Field Office is as part of the West-wide Energy In the South Mono PMU, roads are also rehabilitating several miles of Corridor Programmatic EIS (BLM/USFS recognized as a risk factor that affects redundant routes to consolidate use and 2009), thus future development of this greater sage-grouse habitat and minimize habitat degradation and corridor is anticipated. There are two populations (Bi-State Plan 2004, p. 169). disturbance for these same lek leks that likely represent a single A variety of roads in this area have complexes.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00088 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13997

Summary: Infrastructure - Fences, powerlines and associated but there is some overlap with sage- Powerlines, and Roads infrastructure. grouse habitats. Greater sage-grouse in the Bi-State Summary: Mining Existing fences, powerlines, and roads area have been affected by roads and fragment and degrade greater sage- associated human disturbance for many The effect of mining is not evenly grouse habitat, and contribute to direct years. The geographic extent, density, distributed throughout the Bi-State area. mortality through collisions. type, and frequency of disturbance have It is greatest in the Mount Grant and Additionally, new fences, powerlines, changed over time, and the impact has Bodie PMUs where mining impacts to and roads increase predators and likely increased with the proliferation of habitat may decrease the persistence of invasive plants that increase fire risk off-highway vehicles. There are no greater sage-grouse in the Mount Grant and or displace native sagebrush indications that the increasing trend of PMU Aurora lek complex area. This area vegetation. In the Bi-State area, all of these activities will diminish in the near represents a significant stronghold for these linear features adversely affect future. the Mount Grant PMU and serves as a each of the PMUs both directly and potential connection between breeding indirectly to varying degrees. However, Mining populations in the Bodie Hills to the we do not have consistent and Mineral extraction has a long history west with breeding populations comparable information on miles of throughout the Bi-State area. Currently, occurring further east in the Wassuk existing or new fences, powerlines and the PMUs with the greatest exposure are Range located on the eastern edge of the Mount Grant PMU. Further mineral roads, or densities of these features Bodie, Mount Grant, Pine Nut, and extraction in either of these PMUs will within PMUs for the Bi-State area as a South Mono (Bi-State Plan 2004, pp. 89, negatively influence the spatial extent of whole. Wisdom et al. (in press, p. 58) 137, 178). Although mining represents a the breeding population occurring in the reported that across the entire range of year round risk to greater sage-grouse, Bodie Hills and the long term the greater sage-grouse species, the direct loss of key seasonal habitats or persistence of these populations. mean distance to highways and population disturbances during critical transmission lines for extirpated seasonal periods are of greatest impact. Energy Development populations was approximately 5 km In the Bodie PMU, mining impacts to Although energy development and the (3.1 mi) or less. In the Bi-State area the ecological conditions were most associated infrastructure was identified between 35 and 45 percent of annually pronounced in the late 1800’s and early as a risk for greater sage-grouse occupied leks, which are indicative of 1900’s when as many as 10,000 people occurring in the Bi-State area (Bi-State the presence of nesting habitat, are inhabited the area. The area is still open Plan 2004, pp. 30, 178), the risk within this distance to state or federal to mineral development, and assessment preceded the current highways and between 40 and 50 exploration is likely to continue into the heightened interest in renewable energy percent are within this distance to future (Bi-State Plan 2004, pp. 89–90). and underestimated the threats to the existing transmission lines. In the Bodie Hills, current mining species. Several locations in the Bi-State Lek counts suggest that greater sage- operations are restricted to small-scale area have suitable wind resources, but grouse populations in Long Valley, and gold and silver exploration and sand currently only the Pine Nut Mountains to a lesser degree Bodie Hills, have been and gravel extraction activities with have active leases that overlap sage- relatively stable over the past 15 years. limited impacts on greater sage-grouse grouse distribution. Approximately The remaining populations in the Bi- (Bi-State Plan 2004, p. 90). An 3,696 ha (9,135 ac) have been leased State area appear considerably less exploratory drilling operation is from the BLM Carson City District and stable. Research on adult and yearling currently authorized in the Bodie Hills are being evaluated for wind survival suggests that annual survival is near the historic Paramount Mine, development. The areas under lease are relatively low in the northern half of the approximately 8 km (5 mi) north of on the main ridgeline of the Pine Nut Bi-State area (Farinha 2008, Bodie, California. The proposed action Mountains extending from Sunrise Pass unpublished data). Annual survival was may influence movement and use of near the Lyon and Douglas County line lowest in birds captured in association important seasonal habitats near Big south to the Mount Siegel area. The area with the Wheeler and Burcham Flat leks Flat. If subsequent development occurs, is a mix of shrub and woodland habitats in the California portion of the Desert restricted use of or movement through containing year-round greater sage- Creek–Fales PMU, an area in very close this area will adversely influence grouse habitat. The ridgeline occurs proximity to Highway 395 and several connectivity between the Bodie and between the north and south greater transmission lines. Research conducted Mount Grant PMUs. sage-grouse populations in the Pine Nut on nest success, however, shows an The Mount Grant and Pine Nut PMUs PMU. The area was recently designated opposite trend from that of adult also have a long history of mining as a renewable energy ‘‘wind zone’’ by survival, with overall nest success activity. Activity in the Mount Grant Nevada Governor Jim Gibbons’ relatively high in the northern half of PMU has typically consisted of open pit Renewable Energy Transmission Access the Bi-State area and lower in the mining. Two open pit mines exist, one Advisory Committee (RETAAC; southern half (Kolada 2007, p. 52). In of which is currently active. It is likely RETAAC 2007, Figure 2). Development Long Valley, where nest success was that mining will continue and may of the Pine Nut area will have a lowest, the combination of linear increase during periods when prices for significant impact on the connectivity features (infrastructure) and an precious metals are high, negatively within this small population and greatly increased food source (Benton Crossing effecting the sage-grouse populations in restrict access to nesting and brooding landfill) for avian predators may be those areas. Mining in the Mount Grant habitat. Additional areas located in influencing nest survival. Given current PMU is largely concentrated around the sage-grouse habitat may have suitable and future development (based on Aurora historic mining district. This wind resources and could be developed known energy resources), the Mount area contains the largest remaining lek in the future. Grant, Desert Creek–Fales, Pine Nut, in the PMU, which is located on private In the South Mono PMU there are two and South Mono PMUs are likely to be land. In the Pine Nut PMU, most mining geothermal plants located on private the most directly influenced by new activity is confined in woodland habitat land immediately east of U.S. 395 at

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00089 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 13998 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

Casa Diablo. These are the only Grazing The Bodie PMU has also been impacted operating geothermal plants in the Bi- In the Bi-State area, all PMUs are by feral horses and these animals pose State area. Within the South Mono PMU subject to livestock grazing with the a risk of disturbance to the 7-Troughs about 3,884 ha (9,600 ac) are under majority of ‘‘public’’ allotments allocated lek population (Bi-State Plan 2004, pp. geothermal lease. The leased areas are to cattle and sheep (Bi-State Plan 2004). 86–87). The intent of the agencies located to the west of U.S. 395 and Determining how grazing impacts involved is to maintain horse numbers immediately north of Highway 203 and greater sage-grouse habitat and at or below those established for the largely outside of occupied sage-grouse populations is complicated. There are herd management areas (HMA) and wild habitat. data to support both beneficial and horse territories (WHT). In 2003, the Within the Desert Creek–Fales PMU, detrimental aspects of grazing BLM captured and removed 26 horses about 2,071 ha (5,120 ac) on the north from the Powell Mountain WHT located (Klebenow 1981, p. 122; Beck and end of the Pine Grove Hills near Mount in the Mount Grant PMU and 7 horses Mitchell 2000, p. 993), suggesting that Etna are leased for geothermal from the Bodie PMU. Currently there are the risk of livestock grazing to greater development. The leases in this area are relatively low numbers of horses (10 to sage-grouse is dependent on site- valid through 2017. Several locations 20) in the Bodie PMU. The Bodie Hills specific management. within the Mount Grant PMU are also have no defined HMA/WHT but the Kolada (2007, p. 52) reports nest under current leases and several more horses present are likely coming from success of greater sage-grouse in the Bi- areas are currently proposed for leasing. the Powell Mountain WHT located in State area on average to be as high as Based on location and vegetation the Mount Grant PMU (Bi-State Plan any results reported across the range of community, two of the leased areas in 2004, pp. 86–87). In 2007, the USFS the species. However, nest success is the Mount Grant PMU are of great took an additional 87 horses off the varied among PMUs, and residual grass importance to sage-grouse. Four sections Powell Mountain WHT (Murphy 2008, cover did not appear to be as significant (1,035 ha, 2,560 ac) are leased pers. comm.). The herd management a factor to nest success as in other approximately 1.6–4.8 km (1–3 mi) level set for the Powell Mountain WHT western U.S. locations. These findings southeast of the confluence between is 35 individuals. Although Rough Creek and the East Walker River suggest that grazing in the Bi-State area management of feral horse populations near the Lyon and Mineral County line may not be strongly influencing this is an ongoing issue, local land managers on lands managed by the USFS. This portion of the bird’s life history. consider it to be controllable given Important mesic meadow sites are area is considered year-round greater sufficient funding and public support. sage-grouse habitat with from one to relatively limited outside of Long Valley three active leks in proximity. and the South Mono PMU, especially Summary: Grazing Additionally, approximately 13 sections north of Mono Lake (Bi-State Plan 2004, There are localized areas of habitat (3,366 ha, 8,320 ac) are leased around pp. 17, 65, 130). This limitation may degradation attributable to grazing that the Aurora historic mining district near influence greater sage-grouse population indirectly and cumulatively affect the Nevada and California border. Much growth rates. Although most of the greater sage-grouse. Overall population of this area is dominated by pinyon– grazed lands in the Bi-State area are estimates, while variable from year-to- juniper woodlands, but at least three managed by the BLM and USFS under year, show no discernable trend sections (776 ha, 1,920 ac) contain rangeland management practices and attributable to grazing. The impact on sagebrush communities and there is one are guided by agency land use plans, ecosystems by different ungulate taxa known lek in close proximity. The much of the suitable mesic habitats are may have a combined negative leased sections within the Desert Creek– located on private lands. Given their influence on greater sage-grouse habitats Fales and Mount Grant PMUs also fall private ownership assessing the (Beever and Aldridge in press, p. 20). within the boundary delineated for condition of these sites is difficult and Cattle, horses, mule deer, and antelope geothermal development proposed by conditions are not well known. each use the sagebrush ecosystem RETAAC (RETAAC 2007, Figure 2). Although there are federal grazing somewhat differently and the allotments that are exhibiting adverse combination of multiple species may Summary: Energy Development impacts from livestock grazing, such as produce a different result than simply The likelihood of renewable energy the Churchill Allotment in the Pine Nut more of a single species. Greater sage- facility development in the Bi-State area PMU (Axtell 2008, pers. comm.), most grouse habitat in the Pine Nut PMU, as is high. There is strong support for allotments in the Bi-State area are well as limited portions of the Bodie energy diversification in both Nevada classified as being in fair to good PMU, is affected by grazing management and California, and the energy industry condition (Axtell 2008, pers. comm.; practices and has a negative effect on considers the available resources in the Murphy 2008, pers. comm.; Nelson sage-grouse in those areas. Overall, the area to warrant investment (RETAAC 2008, pers. comm.). We have no available data do not provide evidence 2007, p. 8). Greater sage-grouse habitat information indicating how allotment that grazing by domestic or feral animals in the Pine Nut and Mount Grant PMUs condition classifications used by the is a major impact to habitat of greater will likely be most affected by facility BLM and USFS correlate with greater sage-grouse throughout the entire Bi- and infrastructure development. Given sage-grouse population health. State area. However, the loss or this anticipated development, Feral horses are present in the Bi- degradation of habitat due to grazing additional fragmentation and isolation State area. Connelly et al. (2004, pp. 7- contributes to the risk of extirpation of as well as some degree of range 36–7-37) stated that areas occupied by some local populations, which in turn contraction will occur that will horses have lower grass, shrub, and total contributes to increased risk to the significantly affect the Pine Nut and vegetative cover and that horse persistence of the Bi-State DPS. Mount Grant PMUs. Renewable energy alteration of spring or other mesic areas development is not evenly distributed may be a concern with regard to greater Fire across the entire Bi-State area, but it will sage-grouse brood rearing. The most As discussed above, in the GSG likely be a significant threat to significant impact from feral horses has finding, changes in the fire ecology that populations in the Pine Nut and Mount occurred in the Mount Grant and Pine result in an altered wildfire regime are Grant PMUs. Nut PMUs (Axtell 2008, pers. comm.). a present and future risk in all PMUs in

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00090 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13999

the Bi-State area (Bi-State Plan 2004). A 17), and requires decades for full Bromus tectorum out-competes reduction in fire occurrence has recovery. beneficial understory plant species and facilitated the expansion of woodlands can dramatically alter fire ecology (See Summary: Fire into montane sagebrush communities. Wildfire discussion above). In the Bi- In the Pine Nut and Desert Creek–Fales Within the Bi-State area, wildfire is a State area, essential sage-grouse habitat PMUs this has resulted in a loss of potential threat to greater sage-grouse is often highly concentrated and a fire sagebrush habitat (Bi-State Plan 2004, habitat in all PMUs. To date few large event would have significant adverse pp. 20, 39), while in other locations landscape scale fires have occurred and effects to sage-grouse populations. Land such as the Bodie and Mount Grant we have not yet seen changes to the fire managers have had little success PMUs the most significant impact of cycle (e.g., shorter) due to invasion by preventing B. tectorum invasion in the conifer expansion is the additional nonnative annual grasses. The BLM and West. Occurrence of B. tectorum in the fragmentation of sage-grouse habitat and USFS manage the area under what is Bi-State area is apparent at elevations isolation of the greater sage-grouse essentially a full-suppression fire- above that thought to be relatively populations (Bi-State Plan 2004, pp. 95- fighting policy given adequate immune based on the grass’s ecology. 96, 133). resources. Based on the available This suggests that few locations in the information, wildfire is not currently a Invasion by annual grasses (e.g., Bi-State area will be safe from B. significant threat to the Bi-State DPS of Bromus tectorum) can lead to a tectorum invasion in the future. Climate the greater sage-grouse. However, the change may strongly influence the shortening of the fire frequency that is future threat of wildfire, given the difficult to reverse. Often invasive outcome of these interactions; the fragmented nature and small size of the available data suggest that future species become established or become populations within the DPS, would apparent only following a fire or similar conditions will be most influenced by have a significant effect on the overall precipitation (Bradley 2008, p. 9) (Also disturbance event. In the Bi-State area, viability of the DPS based on its effects there has been little recent fire activity see Climate Change discussion below). on the habitat in the Pine Nut PMU. Pinyon–juniper encroachment into (Finn et al. 2004, http:// sagebrush habitat is a threat occurring in wildfire.cr.usgs.gov/firehistory/ Invasive Species, Noxious Weeds, and the Bi-State area (USFS 1966, p. 22). data.html). One exception is in the Pinyon-Juniper Encroachment Pinyon–juniper encroachment is southern portion of the Pine Nut PMU A variety of nonnative, invasive plant occurring to some degree in all PMUs, where B. tectorum has readily invaded species are present in all PMUs that with the greatest loss and fragmentation a recent burn in the Minnehaha Canyon comprise the Bi-State area, with Bromus of important sagebrush habitat in the area. In 2007, the Adrian Fire burned tectorum (cheatgrass) being of greatest Pine Nut, Desert Creek–Fales, Mount about 5,600 ha (14,000 ac) of important concern. (For a general discussion on Grant, and Bodie PMUs (Bi-State Plan nesting habitat at the north end of the the effects of non-native and invasive 2004, pp. 20, 39, 96, 133, 137, 167). No Pine Nut PMU. Although there does plant species, please see Invasive plants data exist for the Bi-State area that appear to be native grass establishment under Factor A in the GSG finding quantify the amount of sagebrush in the burn, B. tectorum is present and above). habitat lost to encroachment, or that recovery of this habitat will likely be Wisdom et al. (2003, pp. 4-3 to 4-13) clearly demonstrate pinyon–juniper slow or impossible (Axtell 2008, pers. assessed the risk of Bromus tectorum encroachment has caused greater sage- comm.). In 1996, a wildfire burned in displacement of native vegetation for grouse populations to decline. However, the center of the Pine Nut PMU, in Nevada and reported that 44 percent of land managers consider it a significant important brood rearing habitat. The existing sagebrush habitat is either at threat impacting habitat quality, area is recovering and has little invasive moderate or high risk of displacement quantity and connectivity and annual grass establishment. However, and correspondingly 56 percent of increasing the risk of avian predation to after 15 years the burned area has very sagebrush habitat is at low risk of sage-grouse populations (Bi-State Plan limited sagebrush cover. While birds displacement. In conjunction with 2004, pp. 20, 39, 96) and several still use the meadow habitat, the Wisdom et al. (2003), Rowland et al. previously occupied locations are number of individuals in the Pine Nut (2003, p. 40) found that 48 percent of thought to have been abandoned due to PMU is small. It is not known to what greater sage-grouse habitat on lands encroachment (Bi-State Plan 2004, pp. degree this loss of habitat has administered by the BLM Carson City 20, 133). Management treatment of influenced population dynamics in the Field Office is at low risk of B. tectorum pinyon–juniper is feasible but is often area but it is likely that it has and will replacement, about 39 percent is at constrained by competing resource continue to be a factor in the persistence moderate risk, and about 13 percent is values and cost. Several thinning of the Pine Nut population given its at high risk. Both assessments, however, projects have been completed in the Bi- small size. Across the remainder of the included large portions of land outside State area, accounting for approximately Bi-State area wildfires occur on an the Bi-State area. Peterson (2003), in 1,618 ha (4,000 ac) of woodland annual basis, however, impacts to association with the Nevada Natural removed. sagebrush habitats have been limited to Heritage Program, estimated percent date. Most species of sagebrush are cover of B. tectorum in approximately Summary: Invasive Species, Noxious killed by fire (West 1983, p. 341; Miller the northern half of the Bi-State area Weeds, Pinyon-Juniper Encroachment and Eddleman 2000, p. 17; West and using satellite data. Land managers and While the current occurrence of Young 2000, p. 259), and historic fire- this satellite data assessment indicate Bromus tectorum in the Bi-State area is return intervals were as long as 350 that B. tectorum is present throughout relatively low, it is likely the species years, depending on sagebrush type and the Bi-State area but percent cover is will continue to expand and adversely environmental conditions (Baker in low. Conversion to an annual grass impact sagebrush habitats and the press, p. 16). Natural sagebrush dominated community is limited to only greater sage-grouse by out-competing recolonization in burned areas depends a few locations. Areas of greatest beneficial understory plant species and on the presence of adjacent live plants concern are along main travel corridors altering the fire ecology of the area. for a seed source or on the seed bank, and in the Pine Nut, Bodie, and Mount Alteration of the fire ecology of the Bi- if present (Miller and Eddleman 2000, p. Grant PMUs. State area is of greatest concern (see Fire

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00091 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 14000 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

discussion above). Land managers have into earlier snowmelt. This trend is result in continued declines in the had little success preventing B. likely to continue and accelerate into populations over the short term. tectorum invasion in the West and the future (Kapnick and Hall 2009, p. The Desert-Creek Fales PMU contains elevational barriers to invasion are not 11). This change in the type of the greatest number of sage-grouse of all apparent in the Bi-State area. While precipitation and the timing of snow Bi-State PMUs in Nevada climate change may strongly influence melt will influence reproductive success (approximately 512 to 575 in 2009). The the outcome of these interactions, the by altering the availability of understory most significant threats in this PMU are available data suggest that future vegetation and meadow habitats. wildfire, invasive species (specifically conditions will be most influenced by Increased summer temperature is also conifer encroachment), urbanization, precipitation (Bradley 2008, p. 9). expected to increase the frequency and and fragmentation. Private lands Bromus tectorum is a serious threat to intensity of wildfires. Westerling et al. purchase in California and pinyon- the sagebrush shrub community and (2009, pp. 10-11) modeled potential juniper forest removal in Nevada will be detrimental to greater sage- wildfire occurrences as a function of reduced some of the threats at two grouse in the Bi-State area. land surface characteristics in important locations within this PMU. Encroachment of sagebrush habitats by California. Their model predicts an However, a recent proposal for a land woodlands is occurring throughout the overall increase in the number of parcel subdivision in proximity to Bi-State area and continued isolation wildfires and acreage burned by 2085 Burcham Flat, California, threatens and reduction of suitable habitats will (Westerling et al. 2009, pp. 17-18). nesting habitat and one of the two influence both short- and long-term Increases in the number of sites remaining leks in the area. The persistence of sage-grouse. susceptible to invasive annual grass and imminence of these threats varies, increases in WNv outbreaks are however, with urbanization and Climate Change reasonably anticipated (IPCC 2007, p. fragmentation being the most imminent Global climate change is expected to 13; Lenihan et al. 2008, p. S227). threats to habitat in this PMU. affect the Bi-State area (Lenihan et al. Reduction in summer precipitation is The Mount Grant PMU has an 2003, p. 1674; Diffenbaugh et al. 2008, expected to produce the most suitable estimated population of 376 to 427 p. 3; Lenihan et al. 2008, p. S223). condition for B. tectorum. Recent individuals based on 2009 surveys. Impacts are not well defined and precise warming is linked, in terrestrial Threats in this PMU include renewable predictions are problematic due to the ecosystems, to poleward and upward energy development and mining coarse nature of the climate models and shifts in plant and animal ranges (IPCC associated infrastructure. Additional relatively small geographic extent of the 2007, p. 2). threats include infrastructure (fences, area. In general, model predictions tend While it is reasonable to assume the powerlines, and roads), conifer to agree on an increasing temperature Bi-State area will experience vegetation encroachment, fragmentation, and regime (Cayan et al. 2008, pp. S38–S40). changes, we do not know how climate impacts to mesic habitat on private land Model predictions for the Bi-State area, change will ultimately effect this greater from grazing and water table alterations. using the mid-range ensemble emissions sage-grouse population. It is unlikely These threats currently fragment, and scenario, show an overall increase in that the current extent of shrub habitat may in the future continue to fragment annual temperatures, with some areas will remain unchanged, whether the habitat in this PMU and reduce or projected to experience mean annual shift is toward a grass or woodland eliminate connectivity to populations in temperature increases of 1 to 3 degrees dominated system is unknown. Either the Bodie Hills PMU to the west. Fahrenheit over the next 50 years (TNC result will negatively affect greater sage- The Bodie and South Mono PMUs are Climate Wizard, 2009). Of greater grouse in the area. Additionally, it is the core of greater sage-grouse uncertainty is the influence of climate also reasonable to assume that changes populations in the Bi-State area, and change on local precipitation in atmospheric carbon dioxide levels, have estimated populations of 829 to (Diffenbaugh et al. 2005, p. 15776; temperature, precipitation, and timing 927 and 906 to 1,012 individuals based Cayan et al. 2008, p. S28). This variable of snowmelt, will act synergistically on 2009 surveys, respectively. These is of major importance to greater sage- with other threats such as wildfire and two PMUs comprise approximately 65 grouse, as timing and quantity of invasive species to produce yet percent of the total population in the Bi- precipitation greatly influences plant unknown but likely negative effects to State area. Future loss or conversion of community composition and extent, greater sage-grouse habitat and limited brood rearing habitat on private specifically forb production, which in populations in the Bi-State area. lands in the Bodie PMU is a significant turn affects nest and chick survival. threat to the population. The threat of Across the west, models predict a Summary of Factor A future wildfire and subsequent habitat general increase in precipitation Destruction and modification of loss of conversion to annual grassland is (Neilson et al. 2005, p. 150), although greater sage-grouse habitat is occurring of great concern. Threats from existing scaled-down predictions for the Bi-State and will continue in the Bi-State area and future infrastructure, grazing, area show an overall decrease in annual due to urbanization, infrastructure (e.g., mineral extraction, and conifer precipitation ranging from under 1 inch fences, powerlines, and roads), mining, encroachment are also present but up to 3 inches over the next 50 years renewable energy development, grazing, believed to have a relatively lower (TNC Climate Wizard 2009). wildfire, and invasive plant species. At impact. The most significant threat in A warming trend in the mountains of the individual PMU level the impact the South Mono PMU involves impacts western North America is expected to and timing of these threats vary. The associated with human activity in the decrease snow pack, accelerate spring Pine-Nut PMU has the lowest number of forms of urbanization and recreation. runoff, and reduce summer stream flows individuals of all Bi-State area Other threats in this PMU include (Intergovernmental Panel on Climate (approximately 89 to 107 in 2009) PMUs existing and future infrastructure, Change (IPCC) 2007, p. 11). Specifically and is threatened by urbanization, mining activities, and wildfire, but pose in the Sierra Nevada, March grazing management, wildfire, invasive a relatively lower risk to habitat and the temperatures have warmed over the last species, and energy development. The DPS. 50 years resulting in more rain than threats to habitat in this PMU are likely Information on threats in White snow precipitation, which translates to continue in the future which may Mountains PMU is limited. The area is

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00092 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 14001

remote and difficult to access and most Factor B: Overutilization for on resident game birds (CDFG 2002, p. data are in the form of random Commercial, Recreational, Scientific, or 7). observations. Threats to the habitat in Educational Purposes Hunting (gun) has been closed in the Nevada portion of the Bi-State area this PMU are low due to the remote Hunting location. Activities such as grazing, since 1999 (NDOW 2006, p. 2). The recreation, and invasive species may be The only known assessment of falconry season in this area was closed hunting effects specific to the Bi-State influencing the population but this is in 2003 (Espinosa 2006b, pers. comm.). area is an analysis conducted by Gibson speculation. Potential future actions in The Washoe Tribe has authority over (1998) for the Bodie Hills and Long hunting on tribal allotments in the Pine the form of transmission line, road, and Valley lek complexes. This assessment Nut PMU. There are anecdotal reports of mineral developments are threats that indicated that populations in the South harvest by Tribal members but currently could lead to the loss of the remote but Mono PMU (Long Valley area) were the Washoe Tribe Hunting and Fishing contiguous nature of the habitat. depressed by hunting from the late Commission does not issue harvest Predicting the impact of global 1960’s to 2000 but the Bodie Hills permits for greater sage-grouse nor are climate change on sage-grouse population was not. The results of historical harvest records available (J. populations is challenging due to the Gibson (1998) influenced the CDFG Warpea 2009, pers. comm.). relatively small spatial extent of the Bi- management of the Long Valley Neither the CDFG nor NDOW had any State area. It is likely that vegetation population through the limitation of information on poaching of greater sage- communities will not remain static and allocated hunting permits (Gardner grouse or the accidental taking of this the amount of sagebrush shrub habitat 2008, pers. comm.). species by hunters pursuing other Prior to 1983, California had no limit will decrease. Further, increased upland game birds with open seasons on hunting permits in the area which variation in drought cycles due to for the Bi-State area. Gibson (2001, p. 4) covers the Bodie Hills portion of the does mention that a low level of known climate change will likely place Bodie PMU (North Mono Hunt Area) poaching occurred in Long Valley. additional stress on sage-grouse habitat and the Long Valley portion of the Hunting has suppressed some and populations. While greater sage- South Mono PMU (South Mono Hunt populations in the Bi-State area grouse evolved with drought, drought Area). In 1983, CDFG closed the hunting historically. Harvest has been estimated has been correlated with population season (Bi-State Plan 2004, pp. 73–74); to be as much as 4 percent of the declines and shown to be a limiting however, it was reopened in 1987 when population in Bodie and South Mono factor to population growth in areas CDFG instituted a permit system that PMUs. While this may be considered to where habitats have been compromised. resulted in limiting the number of be at levels considered compensatory Taken cumulatively, the habitat-based permits (hundreds) issued annually. In and within harvest guidelines, in Long threats in all PMUs will likely act to 1998, the number of permits issued was Valley it likely continues to impact fragment and isolate populations of the significantly reduced (Bi-State Plan population growth. DPS in the Bi-State area. Over the short 2004, pp. 74–75; Gardner 2008, pers. comm.). Recreational, Scientific, and Religious term (10 years) the persistence of the From 1998 to the present, the number Use Pine Nut PMU is not likely. Populations of hunting permits issued by the CDFG The CDFG and NDOW provide public occurring in the Desert Creek–Fales and has ranged from 10 to 35 per year for the direction to leks and guidelines to Mount Grant PMUs are under North Mono and South Mono Hunt minimize viewing disturbance on a significant pressure and continued Areas (Bi-State Plan 2004, p. 173; CDFG case-by-case basis. Overall, lek locations threats to habitat will likely increase 2008). In 2008, 25 single bird harvest in the Bi-State area are well known and likelihood of extirpation. The Bodie and permits were issued for the North Mono some are frequently visited. Disturbance South Mono PMUs are larger and more Hunt Area, and 35 single bird harvest is possible; however, we have no data to stable and should continue to persist. permits were issued for the South Mono suggest that non-consumptive While the South Mono PMU appears to Hunt Area (CDFG 2008). Assuming all recreational uses of greater sage-grouse be an isolated entity, the Bodie PMU permits were filled, and comparing are impacting local populations in the interacts with the Mount Grant and the these estimated harvest levels to the low Bi-State area (Gardner 2008, pers. Desert Creek–Fales PMUs, and the spring population estimates for the comm.; Espinosa 2008, pers. comm.). continued loss of habitat in these other Bodie and South Mono PMUs for 2008, We are not aware of any studies of lek locations will likely influence the there was an estimated loss of about 4 viewing or other forms of non- population dynamics and possibly the percent for each population (25 of 573 consumptive recreational uses related to persistence of the breeding population and 35 of 838 for Bodie PMU and South greater sage-grouse population trends. occurring in the Bodie PMU. The White Mono PMU, respectively). These harvest We have no information that this type Mountain PMU is likely already an levels are within the harvest rate of 10 of recreational activity is having a isolated population and does not percent or less recommended by negative impact on local populations or Connelly et al. (2000a, p. 976). The currently or would in the future contributing to declining population CDFG evaluated the effect of their contribute to the South Mono PMU. trends of greater sage-grouse in the Bi- greater sage-grouse hunting season for State area. Therefore, based on our review of the California as part of an overall Regarding possible effects from best scientific and commercial data assessment of the effects of their scientific studies of greater sage-grouse, available, we conclude threats from the resident game bird hunting seasons in the past 5 years, approximately 200 present or threatened destruction, (CDFG 2002). They concluded that the greater sage-grouse have been captured modification, or curtailment of greater removal of individual animals from and handled by researchers. Casazza et sage-grouse habitat or range are resident game bird populations al. (2009, p. 45) indicates that, in 3 years significant to the Bi-State DPS of the statewide (including greater sage- of study of radio-marked greater sage- greater sage-grouse. grouse) will not significantly reduce grouse, the deaths of four birds in the those populations and will therefore not Bi-State area were attributed to have a significant environmental impact researchers.

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00093 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 14002 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

Summary of Factor B WNv outbreaks. Much of the Bi-State Predation Overall in the Bi-State area hunting is area occurs at relatively high elevations Range-wide, annual mortality of limited to such a degree that it is not with short summers, and these breeding-age greater sage-grouse varies apparently restrictive to overall conditions likely limit the extent of from 55 to 75 percent for females and population growth. However, hunting mosquito and WNv occurrence, or at 38 to 60 percent for males, with the was shown to limit the population of least may limit outbreaks to the years majority of mortality attributable to greater sage-grouse occurring within the with above-average temperatures. The predation (Schroeder and Baydack 2001, South Mono PMU historically and even Bi-State area represents the highest p. 25). Although not delineated by sex, at its current reduced level still likely known elevation at which greater sage- the best data available for the Bi-State suppresses this population. While grouse have been infected with WNv, population reports apparent annual hunting in the Bodie PMU appears to be about 2,300 m (7,545 ft; Walker and adult mortality due to predation of compensatory, given this PMU’s Naugle in press, p. 12). Casazza et al. between 58 and 64 percent (Casazza et connection with the neighboring and (2009) captured birds in the White al. 2009, p. 45). This loss of radio- non-hunted Mount Grant PMU and the Mountains, South Mono, Bodie, and collared greater sage-grouse in the Bi- current declines apparent in the Mount California portion of the Desert Creek– State area to predators is well within Grant population, additional evaluation Fales PMUs, and mortality rates at these normal levels across the range of the of this hunting across jurisdictional locations may not be representative of species. However, estimates of adult boundaries is warranted. We have no the remainder of the Bi-State area, survival vary substantially across the Bi- information indicating poaching, non- which occurs at lower elevations on State area and in several locations adult consumptive uses, or scientific use average. The WNv was first documented survival in the Bi-State area is below significantly impact Bi-State greater in the State of California in 2003 (Reisen that considered sustainable by some sage-grouse populations, either et al. 2004, p. 1369), thus, the impact of researchers (Farinha et al. 2008, separately of collectively. Therefore, the virus during the 2003–2005 study unpublished data; Sedinger et al. based on our review of the best years may be an underrepresentation of unpublished data., p. 12). Where good- scientific and commercial data available current conditions. From 2004 to 2008, quality habitat is not a limiting factor, we find that overutilization for the U.S. Geological Survey reported 79 research suggests it is unlikely that commercial, recreational, scientific, or cases of WNv in birds (species predation influences the persistence of educational purposes is not a significant undefined) from Mono, Douglas, Lyon, the species (see Predation under the threat to the Bi-State DPS of the greater and Mineral Counties (http:// Greater sage-grouse finding above). sage-grouse. diseasemaps.usgs.gov), accessed Thus, we consider the low estimates of February 27, 2009). Factor C: Disease and Predation adult survival in the northern half of the The extent that WNv influences Bi-State area to be a manifestation of Disease greater sage-grouse population habitat degradation or other West Nile virus (WNv) is the only dynamics in the Bi-State area is anthropogenic factors that can alter identified disease that warrants concern uncertain, and barring a severe natural predator–prey dynamics such as for greater sage-grouse in the Bi-State outbreak, natural variations in survival introduced nonnative predators or area. Small populations, such as those and reproductive rates that drive human-subsidized native predators. in the Bi-State area, are at higher risk of population growth may be masking the Nest success across the Bi-State area extirpation due to their low numbers true impact of the disease. However, the is within the normal range, with some and the additive mortality WNv causes dramatic fluctuations in recent lek locations even higher than previously (see Disease discussion under Factor C counts in the Desert Creek–Fales and documented (Kolada 2007, p. 52). The in the GSG finding, above). Larger Mount Grant PMUs may indicate past lowest estimates occur in Long Valley populations may be better able ‘‘absorb’’ outbreaks. Based on our current (21 percent; Kolada 2007, p. 66). The losses due to WNv simply due to their knowledge of the virus, the relatively low estimates in Long Valley are of size (Walker and Naugle in press, p. 25). high elevations and cold temperatures concern as this population represents The documented loss of four greater common in much of the Bi-State area the stronghold for the species in the Bi- sage-grouse to WNv in the Bodie (n=3) likely reduce the chance of a State area and is also the population and Desert Creek–Fales (n=1) PMUs population-wide outbreak. However, most likely exposed to the greatest (Casazza et al. 2009, p. 45) has there may be localized areas of predation (Coates 2008, pers. comm.). heightened our concern about the significant outbreaks that could Although significantly more birds were impact of this disease in the Bi-State influence individual populations. West present in the past, the Long Valley area, especially given the small Nile virus is a relatively new source of population appears stable. The negative population sizes. These mortalities mortality for greater sage-grouse and to impact from reduced nesting success is represented four percent of the total date has been limited in its impact in presumably being offset by other greater sage-grouse mortalities observed, the Bi-State area. Although predicting demographic statistics such as high but additional reported mortality due to precisely when and where further chick or adult survival. predation could have been due in part outbreaks will occur is not possible, the Summary of Factor C to disease-weakened individuals. best scientific data available support a Mortality caused by disease acts in a conclusion that outbreaks are very likely We have a poor understanding of the density independent, or additive, to continue to occur. However, the loss effects of disease on Bi-State greater manner. While four percent may not of individual populations from WNv sage-grouse populations, and we are appear substantial, the fact that it can outbreaks, which is particularly a risk concerned about the potential threat, act independently of habitat and has the for smaller populations, may influence especially in light of recent documented potential to suppress a population the persistence of the Bi-State DPS presence of WNv and the potential below carrying capacity makes disease through the loss of redundancy to the impacts this disease can have on of a greater concern. overall population and the associated population growth. WNv is a substantial Annual and spatial variations in challenges of recolonizing extirpated mortality factor for greater sage-grouse temperature and precipitation influence sites through natural emigration. populations when outbreaks occur. We

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00094 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 14003

will continue to monitor future resident native game birds. The game States. These voluntary recommended infections and observe population bird classification allows the direct conservation measures are in various response. Predation is the primary cause human taking of greater sage-grouse stages of development and depend on of mortality in the Bi-State area (Casazza during hunting seasons authorized and the cooperation and participation of et al. 2009, p. 45), as it is for greater conducted under state laws and interested parties and agencies. The Bi- sage-grouse throughout its range (see regulations. Currently, harvest of greater State Plan does not include any discussion of predation related to the sage-grouse is authorized in two hunt prohibitions against actions that harm greater sage-grouse rangewide, above). units in California, covering greater sage-grouse or their habitat. In several locations in the northern Bi- approximately the Long Valley and Since development of the Bi-State Plan, State area (Bodie Hills, Desert Creek, Bodie Hills populations (CDFG 2008). the NDOW has committed Fales), adult survival is below what Greater sage-grouse hunting is approximately $250,000 toward some researchers consider to be prohibited in the Nevada portion of the conservation efforts, some of which sustainable (Farinha et al. 2008, Bi-State area, where the season has been have been implemented while others are unpublished data; Sedinger et al. closed since 1999 (Greater Sage-Grouse pending. Other support has come from unpublished data., p. 12). Low (21 Conservation Plan for Nevada and various federal, state, and local percent) nest success in at least one area Eastern California 2004, pp. 59-61). agencies. For example, a partnership (Long Valley) may be associated with Each State bases its hunting between the NDOW and the USFS higher local densities of predators regulations on local population resulted in a recently completed (Coates 2008, pers. comm.). Studies information and peer-reviewed pinyon–juniper removal project in the suggest predator influence is more scientific literature regarding the Sweetwater Range in the Desert Creek– pronounced in areas of poor habitat impacts of hunting on the greater sage- Fales PMU encompassing about 1,300 conditions. The ultimate cause of grouse. Hunting seasons or closures are ha (3,200 ac) of important greater sage- reduced population growth and survival reviewed annually, and States grouse habitat (NDOW 2008, p. 24). appears to stem from impacts from implement adaptive management based Additional efforts are also being degraded habitat quality. The impacts on harvest and population data developed to target restoration of from roads, powerlines, and other (Espinosa 2008, pers. com.; Gardner important nesting, brood rearing, and anthropogenic features (landfills, 2008, pers. com.). Based on the best data wintering habitat components across the airports, and urbanization) degrade available, we can not determine whether Bi-State area. However, the Bi-State Plan habitat quality and increase the or how hunting mortality, is affecting is not a regulation and its densities of native and nonnative the populations. Therefore, we do not implementation depends on voluntary predators which results in negative have information to indicate how efforts. Thus the Bi-State Plan can not effects to greater sage-grouse population regulated hunting is affecting the DPS. be considered to be an adequate State agencies directly manage dynamics. Therefore, after reviewing the regulatory mechanism. best scientific and commercial data approximately 1 percent of the total landscape dominated by sagebrush in The California Environmental Quality available we have determined that Act (CEQA) (Public Resources Code disease and predation are threats to the the Bi-State area, and various State laws and regulations identify the need to sections 21000–21177), requires full Bi-State DPS, although the impact of disclosure of the potential these threats is relatively low and conserve wildlife habitat (Bi-State Plan 2004). Laws and regulations in both environmental impacts of projects localized at this time compared to other proposed by state and local agencies. threats. California and Nevada allow for acquisition of funding to acquire and The public agency with primary Factor D: Inadequacy of Existing conserve wildlife habitats, including authority or jurisdiction over the project Regulatory Mechanisms land purchases and entering into is responsible for conducting an As discussed in Factor D of the GSG easements with landowners. California environmental review of the project, finding above, existing regulatory recently purchased approximately 470 and consulting with the other agencies mechanisms that could provide some ha (1,160 ac) in the Desert Creek–Fales concerned with the resources affected protection for greater sage-grouse PMU largely for the conservation of by the project. Section 15065 of the include: (1) local land use laws, greater sage-grouse (Taylor 2008, pers. CEQA guidelines requires a finding of processes, and ordinances; (2) State com.). However, any acquisitions significance if a project has the potential laws and regulations; and (3) Federal authorized are discretionary on the part to ‘‘reduce the number or restrict the laws and regulations. Actions adopted of the agencies and cannot be range of a rare or endangered plant or by local groups, states, or federal considered an adequate mechanism that animal.’’ Species that are eligible for entities that are discretionary, including alleviates threats to the DPS or its listing as rare, threatened, or conservation strategies and guidance, habitat. endangered but are not so listed are are not regulatory mechanisms. The Bi-State Plan (2004) represents given the same protection as those more than 2 years of collaborative species that are officially listed with the Local Laws and Regulations analysis by numerous local biologists, State. However, once significant effects Approximately 8 percent of the land land managers, and land users who are identified, the lead agency has the in the Bi-State area is privately owned share a common concern for the greater option to mitigate the effects through (Bi-State Plan 2004). We are not aware sage-grouse occurring in western changes in the project, or decide that of any existing county or city Nevada and eastern California. The overriding considerations, such as social ordinances that provide protection intent of the plan was to identify factors or economic considerations, make specifically for the greater sage-grouse that negatively affect greater sage-grouse mitigation infeasible (CEQA section or their habitats on private lands. populations in the Bi-State area as well 21002). In the latter case, projects may as conservation measures likely to be approved that cause significant State Laws and Regulations ameliorate these threats and maintain environmental damage, such as In the Bi-State area, greater sage- these populations. These efforts are in destruction of endangered species, and grouse are managed by two state addition to current research and their habitat. Protection of listed species wildlife agencies (NDOW and CDFG) as monitoring efforts conducted by the through CEQA is dependent upon the

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00095 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 14004 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

discretion of the agency involved. Bridgeport Ranger District and the Inyo In some locations rangelands are not Therefore, CEQA may not act as a National Forest in the Bi-State area. The meeting habitat standards necessary for regulatory mechanism for the protection specifics of how sensitive species status sage-grouse persistence, however, of the DPS. has conferred protection to sage-grouse overall population estimates, while on USFS lands varies significantly variable from year-to-year, show no Federal Laws and Regulations across the range, and is largely discernable trend attributable to grazing. Federally owned and managed land dependent on LRMPs and site-specific The statutes, regulations, and policies make up the majority of the landscape project analysis and implementation. guiding renewable energy development within the DPS’s range. For a The Inyo National Forest identifies sage- and associated infrastructure comprehensive discussion and analysis grouse as a Management Indicator development, and mineral extraction for of federal laws and regulations please Species. This identification requires the the greater sage-grouse range-wide see this section under Factor D of the USFS to establish objectives for the generally are implemented similarly in GSG finding. maintenance and improvement of the Bi-State area as they are across the Approximately 50 percent of the land habitat for the species during all range of the greater sage-grouse, and it base in the Bi-State area occurs on lands planning processes, to the degree is our conclusion that this indicates that managed by the BLM. As stated in the consistent with overall multiple use current measures do not ameliorate GSG finding, FLPMA is the primary objectives (1982 rule, 36 CFR 219.19(a)). associated impacts to the DPS. federal law governing most land uses on As part of the USFS Travel The existing state and federal BLM-administered lands. Under Management planning effort, both the regulatory mechanisms to protect FLPMA, the BLM has authority over Humboldt-Toiyabe National Forest and greater sage-grouse in the Bi-State area livestock grazing, recreation, OHV travel the Inyo National Forest are revising afford sufficient discretion to decision and human disturbance, infrastructure road designations in their jurisdictions. makers as to render them inadequate to development, fire management, and The Humboldt-Toiyabe National Forest ameliorate threats to the Bi-State DPS. either in combination with or under the released its Draft Environmental Impact We do not suggest that all resource MLA and other mineral and mining Statement in July, 2009. The Inyo decisions impacting sage-grouse have laws, energy development and mining National Forest completed and released failed to adequately address sage-grouse on its lands. In Nevada and California, its Final Environmental Impact needs and in fact commend the the BLM manages for many of these Statement and Record of Decision in individuals and agencies working in the activities within their jurisdiction. In August 2009 for Motorized Travel Bi-State area. However, the flexibility Nevada and California, the BLM has Management. The ROD calls for the built into the regulatory process greatly designated the greater sage-grouse a permanent prohibition on cross country reduces the adequacy of these sensitive species. BLM’s management of travel off designated authorized roads. mechanisms. Because of this, the lands in the Bi-State area is conducted However, since this prohibition is not available regulatory mechanisms are not consistent with its management of its specific to sage-grouse habitat and we sufficiently reliable to provide for lands across the greater sage-grouse cannot assess how this will be enforced, conservation of the species in light of range. Therefore, we refer the reader to we cannot consider the policy to be a the alternative resource demands. the GSG finding above for a detailed regulatory mechanism that can protect Therefore, after a review of the best discussion and analysis BLM’s the DPS. scientific and commercial data management of sage-grouse habitat on Additional federally managed lands available, we find that the existing its lands. in the Bi-State area include the DOD regulatory mechanisms are inadequate The USFS manages approximately 35 Hawthorne Army Depot, which percent of the land base in the Bi-State to ameliorate the threats to the Bi-State represents less than 1 percent of the DPS of the greater sage-grouse. area. As stated in the GSG finding, total land base. However, these lands management of activities on lands under provide relatively high quality habitat Factor E: Other Natural or Manmade USFS jurisdiction is guided principally (Nachlinger 2003, p. 38) and likely Factors Affecting the Species’ by NFMA through associated LRMPs for provide some of the best greater sage- Continued Existence each forest unit. Under NFMA and other grouse habitat remaining in the Mount Recreational Activities federal laws, the USFS has authority to Grant PMU because of the exclusion of regulate recreation, OHV travel and livestock and the public (Bi-State Plan A variety of recreational activities are other human disturbance, livestock 2004, p. 149). There are no National pursued across the Bi-State area, grazing, fire management, energy Parks or National Wildlife Refuges in including traditional activities such as development, and mining on lands any of the PMUs in the Bi-State area, fishing, hiking, horseback riding, and within its jurisdiction. Please see the and we are unaware of any private lands camping as well as more recently GSG finding for general information and in the area that are enrolled in the popularized activities, such as off-road- analysis. All of the LRMPs that United States Department of Agriculture vehicle travel and mountain biking. As currently guide the management of sage- Conservation Reserve Program. discussed under Recreational Activities grouse habitats on USFS lands were under Factor E in the GSG finding developed using the 1982 implementing Summary of Factor D above, these activities can degrade regulations for land and resource As described above, habitat habitat and affect sage-grouse management planning (1982 Rule, 36 destruction and modification in the Bi- reproduction and survival by causing CFR 219), including two existing USFS State area is a threat to the DPS. Federal disturbance in these areas. LRMPs (USFS 1986, 1988) within agencies’ abilities to adequately address The Bi-State Plan (2004) discusses the greater sage-grouse habitat in the Bi- several issues such as wildfire, invasive risk associated with off-road vehicles in State area. species, and disease across the Bi-State the Pine Nut and the Mount Grant The greater sage-grouse is designated area are limited. For other stressors such PMUs (Bi-State Plan 2004, pp. 27, 137– as a USFS Sensitive Species in the as grazing, the regulatory mechanisms 138). Additionally, for the Bodie and Intermountain Region (R4) and Pacific in place could be adequate to protect South Mono PMUs, the Bi-State Plan Southwest Region (R5), which include sage-grouse habitats; however, the (2004, pp. 91–92, 170–171) discusses the Humboldt–Toiyabe National Forest’s application of these mechanisms varies. off-road vehicles in the context of all

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00096 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 14005

types of recreational activities use in occupied winter areas could movement of birds between Mount (motorized and non-motorized). We are displace them to less optimal habitats Grant and Desert Creek–Fales or Bodie not aware of any scientific reports that (Bi-State Plan 2004, p. 91). Given the and Desert Creek–Fales PMUs appears document direct mortality of greater likelihood of a continuing influx of less consistent. The interaction among sage-grouse through collision with off- people into Mono County, especially in birds occurring in the Pine Nut PMU road vehicles (70 FR 2278), although proximity to Long Valley, with access to with PMUs to the south is unknown. mortality from collision with vehicles recreational opportunities on public Based on about 150 marked individuals, on U.S. 395 near Mammoth Lakes is lands, we anticipate effects from no dispersal events were documented known (Wiechmann 2008, p. 3). Off- recreational activity will increase. among any of the PMUs, suggesting that road vehicle use has indirect impacts to even though some populations were Life History Traits Affecting Population greater sage-grouse habitat; it is known mixing during certain times of the year, Viability to reduce or eliminate sagebrush canopy there was no documented integration cover through repeated trips in an area, Greater sage-grouse have among breeding individuals (Farinha degrade meadow habitat, increase comparatively slower potential 2008, pers. comm.). While adults are sediment production, and decrease soil population growth rates than other unlikely to switch breeding populations, infiltration rates through compaction species of grouse and display a high it is likely that genetic material is (70 FR 2278). degree of site fidelity to seasonal transferred among these northern Potential disturbance caused by habitats (see this section under Factor E populations through the natural nonmotorized forms of recreation in the GSG finding above for further movements of chicks or young of the (fishing, camping, hiking, big game discussion and analysis). While these year, as long as there are established hunting, dog training) are most natural history characteristics would not populations available to emigrate into. prevalent in the South Mono and Bodie limit greater sage-grouse populations We have concern regarding viability PMUs. These PMUs are also exposed to across large geographic scales under of populations within PMUs in the Bi- tourism-associated activity centered historical conditions of extensive State area due to their small size (Table around Mono Lake and the towns of habitat, they may contribute to local 12) and isolation from one another. Mammoth Lakes and Bodie. The exact declines where humans alter habitats, or Although there is disagreement among amount of recreational activity or user when natural mortality rates are high in scientists and considerable uncertainty days occurring in the area is not known, small, isolated populations such as in as to the population size adequate for however, the number of people in the the case of the Bi-State DPS. long-term persistence of wildlife area is increasing annually (Nelson Isolated populations are typically at populations, there is agreement that 2008, pers. comm.; Taylor 2008, pers. greater risk of extinction due to genetic population viability is more likely to be comm.). Additionally, with the recent and demographic concerns such as ensured viability if population sizes are reestablishment of commercial air inbreeding depression, loss of genetic in the thousands of individuals rather service to the Mammoth Yosemite diversity, and Allee effect (the difficulty than hundreds (Allendorf and Ryman Airport during the winter, greater sage- of individuals finding one another), 2002, p. 76; Aldridge and Brigham 2003, grouse in the South Mono PMU will be particularly where populations are p. 30; Reed 2005, p. 565; Traill et al., exposed to more flights during leking small (Lande 1988, pp. 1456–1457; 2009 entire). For example, Traill et al. and the early nesting season than Stephens et al. 1999, p. 186; Frankham (2009, pp. 30, 32-33) concluded that, in previously experienced. The early et al. 2002, pp. 312–317). The best general, both evolutionary and nesting season (in addition to the estimates for the Bi-State DPS of the demographic constraints on wildlife already busy summer months) will greater sage-grouse place the spring populations require sizes to be at least present the most significant new overlap breeding population between 2,000 and 5,000 adult individuals. between birds and human activity in the 5,000 individuals annually (Gardner The Bi-State population of greater area. Leu et al. (2008, p. 1133) reported 2008, pers. comm.; Espinosa 2008, pers. sage-grouse is small and both that slight increases in human densities comm.). Based on radio-telemetry and geographically and genetically isolated in ecosystems with low biological genetic data, the local populations of from the remainder of the greater sage- productivity (such as sagebrush) may greater sage-grouse in the Bi-State area grouse distribution, which increases risk have a disproportional negative impact appear to be isolated to varying degrees of genetic, demographic, stochastic on these ecosystems due to reduced from one another (Farinha 2008, pers. events. To date, however, available resiliency to anthropogenic comm.). Birds occurring in the White genetic data suggest genetic diversity in disturbances. The greatest concern is the Mountains PMU as well as those the Bi-State area is as high as or higher relatively concentrated recreational occurring in the Long Valley and Parker than most other populations of greater activity occurring in the South Mono Meadows area of the South Mono PMU sage-grouse occurring in the West PMU, which overlaps with the single are isolated from the remainder of the (Oyler–McCance and Quinn in press, p. most abundant greater sage-grouse Bi-State populations, and apparently 18). Thus, we currently do not have population in the Bi-State area. from one another (Casazza et al. 2009, clear indications that genetic factors We are unaware of instances where pp. 34, 41; Oyler–McCance 2009, pers. such as inbreeding depression, off-road vehicle (including snowmobile) comm.). The isolation of populations hybridization, or loss of genetic activity precluded greater sage-grouse occurring to the north of Mono Lake is diversity place this DPS at risk. use, or affected survival in the Bi-State less clear. Birds occurring in the Bodie However, recent genetic analysis shows area. There are areas where concerns and Mount Grant PMUs mix during that greater sage-grouse occupying the may arise though, especially in brood parts of the year, as do birds occurring White Mountains display a unique rearing and wintering habitats, which in the California and Nevada portions of allelic frequency in comparison to other are extremely limited in the Bi-State the Desert Creek–Fales PMUs (Casazza populations in the Bi-State area area. For example, during heavy snow et al. 2009, pp. 13, 21). Within the suggesting greater isolation (Oyler– years, essentially the entire population Mount Grant PMU, populations McCance 2009, pers. comm.). of birds in Long Valley has congregated occurring on and around Mount Grant Additionally, recent field studies in the in a very small area (Gardner 2008, pers. do not interact with populations in the Parker Meadows area (a single isolated comm.). Off-road vehicle or snowmobile remainder of the PMU. However, lek system located in the South Mono

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00097 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 14006 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

PMU) documented a disproportionally with recognized greater sage-grouse and Predation facilitated by habitat high degree of nest failures due to sagebrush experts. fragmentation due to infrastructure nonviable eggs (Gardner 2009, pers. Threats identified under Factors A, C, (fences, powerlines and roads) and other comm.). D, and E are a threat to the Bi-State DPS human activities may be altering natural In addition to the potential negative of the greater sage-grouse. These threats population dynamics in localized areas effects to small populations due to are exacerbated by the small population such as Long Valley. We find that genetic considerations, small sizes, isolated nature, and limited disease and predation are threats to the populations such as those found in the availability of important seasonal Bi-State area DPS, although the impact Bi-State area are at greater risk than habitats for many Bi-State area of these threats is relatively low and larger populations from stochastic populations. The major threat is current localized at this time compared to other events, such as environmental and future destruction, modification, or threats. catastrophes or random fluctuations in curtailment of habitats in the Bi-State An examination of regulatory birth and death rates, as well disease area due to urbanization, infrastructure, mechanisms for both the Bi-State DPS of epidemics, predation, fluctuations in mining, energy development, grazing, the greater sage-grouse and sagebrush habitat available, and various other invasive and exotic species, pinyon– habitats revealed that while some factors (see Traill et al., p. 29.). juniper encroachment, recreation, mechanisms exist, it appears that they Interactions between climate change, wildfire, and the likely effects of climate are being implemented in a manner that drought, wildfire, WNv, and the limited change. Individually, any one of these is not consistent with our current potential to recover from population threats appears unlikely to severely understanding of the species’ life downturns or extirpations place affect persistence across the entire Bi- history requirements, reaction to significant impediments to the State DPS of the greater sage-grouse. disturbances, and currently understood persistence of the Bi-State DPS of the Cumulatively, however, these threats conservation needs. Therefore, we find greater sage-grouse. interact in such a way as to fragment the existing regulatory mechanisms are and isolate, and will likely contribute to ineffective at ameliorating habitat-based Summary of Factor E the loss of populations in the Pine Nut threats. Furthermore, certain threats Our analysis shows certain and Desert Creek-Fales PMUs and will (disease, drought, fire) may not be able recreational activities have the potential result in a significant range contraction to be adequately addressed by existing to directly and indirectly affect sage- for the Bi-State DPS. The Bodie and regulatory mechanisms. grouse and their habitats. However, South Mono PMUs currently comprise Our analysis under Factor E indicates based on the information available, it approximately 65 percent of the entire the current level of recreational does not appear that current DPS and will likely become smaller but activities do not appear to be adversely disturbances are occurring at such a persist barring catastrophic events. In affecting sage-grouse populations in the scale that would adversely affect sage- light of on-going threats, the northern Bi-State area. Populations in the South grouse populations in the Bi-State area. extent of the Bi-State area including the Mono PMU, which are arguably exposed While this determination is highly Pine Nut, Desert Creek–Fales, and to the greatest degree of recreational constrained by lack of data, populations Mount Grant PMUs are and will be most activity, appear relatively stable at in the South Mono PMU, which are at risk. We anticipate loss of present. arguably exposed to the greatest degree populations and contraction of others The relatively low number of local of recreational activity, appear relatively which would leave them susceptible to populations of greater sage-grouse, their stable at present. When issues such as extirpation from stochastic events, such small size, and relative isolation is recreation and changes in habitat are as wildfire, drought, and disease. problematic. The Bi-State area is considered in conjunction with other While sport hunting is currently composed of approximately 35 active threats, it is likely that populations in limited and within harvest guidelines, if leks representing 4 to 8 individual the northern half of the Bi-State area hunting continues it may add to the populations. Research has shown fitness will be extirpated. Reintroduction overall decline of adult populations in and population size are strongly efforts involving greater sage-grouse the Bodie and South Mono PMUs. correlated and smaller populations are have had very limited success Overall in the Bi-State area hunting is more subject to environmental and elsewhere, and natural recolonization of limited to such a degree that it is not demographic stochasticity. When these areas will be slow or impossible apparently restrictive to overall coupled with mortality stressors related due to their isolation and the limited population growth. We have no to human activity and significant number of birds in surrounding PMUs, information indicating poaching, non- fluctuations in annual population size, as well as the constraints inferred by the consumptive uses, or scientific use long-term persistence of small species’ life history characteristics. significantly impact Bi-State greater populations is always problematic. Therefore, based on our evaluation of sage-grouse populations. Therefore, we Given the species’ relatively low rate the best scientific and commercial data find that overutilization for commercial, of growth and strong site fidelity, available, we find threats from other recreational, scientific, or educational recovery and repopulation of extirpated natural or manmade factors are purposes is not a significant threat to areas will be slow and infrequent. significant to the Bi-State DPS of the the Bi-State area DPS. Translocation of this species is difficult greater sage-grouse. West Nile virus is a threat to the and to date has not been successful, and greater sage-grouse, and its occurrence given the limited number of source Finding and impacts are likely underestimated individuals, translocation efforts, if We have carefully assessed the best due to lack of monitoring. While the needed, are unlikely. scientific and commercial data available impact of this disease is currently Within 30 years it is likely that greater regarding the past, present, and future limited by ambient temperatures that do sage-grouse in the Bi-State area will threats to the Bi-State DPS of the greater not allow consistent vector and virus only persist in one or two populations sage-grouse. We have reviewed the maturation, predicted temperature located in the South Mono PMU (Long petition, information available in our increases associated with climate Valley) and the Bodie Hills PMU. These files, and other published and change may result in this threat populations will likely be isolated from unpublished information, and consulted becoming more consistently prevalent. one another and due to decreased

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00098 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 14007

population numbers, each will be at The resources available for listing Report 105-163, 105th Congress, 1st greater risk to stochastic events. actions are determined through the Session, July 1, 1997). As required by the Act, we have annual Congressional appropriations Recognizing that designation of reviewed and taken into account efforts process. The appropriation for the critical habitat for species already listed being made to protect the greater sage- Listing Program is available to support would consume most of the overall grouse in the Bi-State area. Although work involving the following listing Listing Program appropriation, Congress some local conservation efforts have actions: proposed and final listing rules; also put a critical habitat subcap in been implemented and are effective in 90–day and 12–month findings on place in FY 2002, and has retained it small areas, they are neither petitions to add species to the Lists of each subsequent year to ensure that individually nor collectively at a scale Endangered and Threatened Wildlife some funds are available for other work that is sufficient to ameliorate threats to and Plants (Lists) or to change the status in the Listing Program: ‘‘The critical the DPS as a whole, or to local of a species from threatened to habitat designation subcap will ensure populations. Other conservation efforts endangered; annual determinations on that some funding is available to are being planned but there is address other listing activities’’ (House prior ‘‘warranted but precluded’’ petition substantial uncertainty as to whether, Report No. 107-103, 107th Congress, 1st findings as required under section where, and when they will be Session, June 19, 2001). In FY 2002 and 4(b)(3)(C)(i) of the Act; critical habitat implemented, and whether they will be each year until FY 2006, the Service has effective. petition findings; proposed and final had to use virtually the entire critical We have carefully assessed the best rules designating critical habitat; and habitat subcap to address court- scientific and commercial information litigation-related, administrative, and mandated designations of critical available regarding the present and program-management functions habitat. Consequently, none of the future threats to the Bi-State DPS of the (including preparing and allocating critical habitat subcap funds have been greater sage-grouse. We have reviewed budgets, responding to Congressional available for other listing activities. In the petitions, information available in and public inquiries, and conducting FY 2007, we were able to use some of our files, and other published and public outreach regarding listing and the critical habitat subcap funds to fund unpublished information, and consulted critical habitat). The work involved in proposed listing determinations for with recognized greater sage-grouse and preparing various listing documents can high-priority candidate species. In FY sagebrush experts. We have considered be extensive and may include, but is not 2009, while we were unable to use any and taken into account efforts being limited to: gathering and assessing the of the critical habitat subcap funds to made to protect the species. On the best scientific and commercial data fund proposed listing determinations, basis of the best scientific and available and conducting analyses used we did use some of this money to fund commercial information available, we as the basis for our decisions; writing the critical habitat portion of some find that listing of the Bi-State DPS of and publishing documents; and proposed listing determinations, so that the greater sage-grouse is warranted obtaining, reviewing, and evaluating the proposed listing determination and across its range. However, listing this public comments and peer review proposed critical habitat designation DPS is precluded by higher priority comments on proposed rules and could be combined into one rule, listing actions at this time, as discussed incorporating relevant information into thereby being more efficient in our in the Preclusion and Expeditious final rules. The number of listing work. In FY 2010, we are using some of Progress section below. actions that we can undertake in a given the critical habitat subcap funds to fund We have reviewed the available year also is influenced by the actions with statutory deadlines. information to determine if the existing complexity of those listing actions; that Thus, through the listing cap, the and foreseeable threats render the Bi- is, more complex actions generally are critical habitat subcap, and the amount State DPS of the greater sage-grouse at more costly. For example, during the of funds needed to address court- risk of extinction now such that issuing past several years, the cost (excluding mandated critical habitat designations, an emergency regulation temporarily publication costs) for preparing a 12– Congress and the courts have, in effect, listing the species as per section 4(b)(7) month finding, without a proposed rule, determined the amount of money of the Act is warranted. We have has ranged from approximately $11,000 available for other listing activities. determined that issuing an emergency for one species with a restricted range Therefore, the funds in the listing cap, regulation temporarily listing the Bi- and involving a relatively other than those needed to address State DPS is not warranted at this time uncomplicated analysis, to $305,000 for court-mandated critical habitat for (see discussion of listing priority for this another species that is wide-ranging and already-listed species, set the limits on DPS, below). However, if at any time we involved a complex analysis. our determinations of preclusion and determine that issuing an emergency expeditious progress. regulation temporarily listing the Bi- We cannot spend more than is Congress also recognized that the State DPS is warranted, we will initiate appropriated for the Listing Program availability of resources was the key this action at that time. without violating the Anti-Deficiency element in deciding, when making a 12– Act (see 31 U.S.C. § 1341(a)(1)(A)). In month petition finding, whether we Preclusion and Expeditious Progress addition, in FY 1998 and for each FY would prepare and issue a listing Preclusion is a function of the listing since then, Congress has placed a proposal or instead make a ‘‘warranted priority of a species in relation to the statutory cap on funds which may be but precluded’’ finding for a given resources that are available and expended for the Listing Program, equal species. The Conference Report competing demands for those resources. to the amount expressly appropriated accompanying Public Law 97-304, Thus, in any given fiscal year (FY), for that purpose in that fiscal year. This which established the current statutory multiple factors dictate whether it will cap was designed to prevent funds deadlines for listing and the warranted- be possible to undertake work on a appropriated for other functions under but-precluded finding requirements that proposed listing regulation or whether the Act (for example, recovery funds for are currently contained in the Act, states promulgation of such a proposal is removing species from the Lists), or for (in a discussion on 90–day petition warranted but precluded by higher- other Service programs, from being used findings that by its own terms also priority listing actions. for Listing Program actions (see House covers 12–month findings) that the

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00099 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 14008 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

deadlines were ‘‘not intended to allow Using this guidance, we assign each These threats include the present or the Secretary to delay commencing the candidate an LPN of 1 to 12, depending threatened destruction, modification, or rulemaking process for any reason other on the magnitude of threats (high vs. curtailment of its habitat, and the than that the existence of pending or moderate to low), immediacy of threats inadequacy of existing regulatory imminent proposals to list species (imminent or nonimminent), and mechanisms to address such threats. subject to a greater degree of threat taxonomic status of the species (in order Under the Service’s LPN Guidance, the would make allocation of resources to of priority: monotypic genus (a species magnitude of threat is the first criterion such a petition [i.e., for a lower-ranking that is the sole member of a genus); we look at when establishing a listing species] unwise.’’ species; or part of a species (subspecies, priority. The guidance indicates that In FY 2010, expeditious progress is DPS, or significant portion of the species with the highest magnitude of that amount of work that can be range)). The lower the listing priority threat are those species facing the achieved with $10,471,000, which is the number, the higher the listing priority greatest threats to their continued amount of money that Congress (that is, a species with an LPN of 1 existence. These species receive the appropriated for the Listing Program would have the highest listing priority). highest listing priority. We consider the (that is, the portion of the Listing Because of the large number of high- threats that the greater sage-grouse faces Program funding not related to critical priority species, we further ranked the to be moderate in magnitude because habitat designations for species that are candidate species with an LPN of 2 by the threats do not occur everywhere already listed). However these funds are using the following extinction-risk type across the range of the species at this not enough to fully fund all our court- criteria: International Union for the time, and where they are occurring, they ordered and statutory listing actions in Conservation of Nature and Natural are not of uniform intensity or of such FY 2010, so we are using $1,114,417 of Resources (IUCN) Red list status/rank, magnitude that the species requires our critical habitat subcap funds in Heritage rank (provided by listing immediately to ensure its order to work on all of our required NatureServe), Heritage threat rank continued existence. Although many of petition findings and listing (provided by NatureServe), and species the factors we analyzed (e.g, disease, determinations. This brings the total currently with fewer than 50 fire, urbanization, invasive species) are amount of funds we have for listing individuals, or 4 or fewer populations. present throughout the range, they are actions in FY 2010 to $11,585,417. Our Those species with the highest IUCN not to the level that they are causing a process is to make our determinations of rank (critically endangered), the highest significant threat to greater sage-grouse preclusion on a nationwide basis to Heritage rank (G1), the highest Heritage ensure that the species most in need of threat rank (substantial, imminent in some areas. Other threats are of high listing will be addressed first and also threats), and currently with fewer than magnitude in some areas but are of low because we allocate our listing budget 50 individuals, or fewer than 4 magnitude or nonexistent in other areas on a nationwide basis. The $11,585,417 populations, comprised a group of such that overall across the species’ is being used to fund work in the approximately 40 candidate species range, they are of moderate magnitude. following categories: compliance with (‘‘Top 40’’). These 40 candidate species Examples of this include: oil and gas court orders and court-approved have had the highest priority to receive development, which is extensive in the settlement agreements requiring that funding to work on a proposed listing eastern part of the range but limited in petition findings or listing determination. As we work on proposed the western portion; pinyon-juniper determinations be completed by a and final listing rules for these 40 encroachment, which is substantial in specific date; section 4 (of the Act) candidates, we are applying the ranking some parts of the west but is of less listing actions with absolute statutory criteria to the next group of candidates concern in Wyoming and Montana; and deadlines; essential litigation-related, with LPNs of 2 and 3 to determine the agricultural development which is administrative, and listing program- next set of highest priority candidate extensive in the Columbia Basin, Snake management functions; and high- species. There currently are 56 River Plain, and eastern Montana, but priority listing actions for some of our candidate species with an LPN of 2 that more limited elsewhere. While sage- candidate species. In 2009, the have not received funding for grouse habitat has been lost or altered in responsibility for listing foreign species preparation of proposed listing rules. many portions of the species’ range, under the Act was transferred from the To be more efficient in our listing substantial habitat still remains to Division of Scientific Authority, process, as we work on proposed rules support the species in many areas of its International Affairs Program, to the for these species in the next several range (Connelly et al. in press c, p. 23), Endangered Species Program. Starting years, we are preparing multi-species such as higher elevation sagebrush, and in FY 2010, a portion of our funding is proposals when appropriate, and these areas with a low human footprint being used to work on the actions may include species with lower priority (activities sustaining human described above as they apply to listing if they overlap geographically or face development) such as the Northern and actions for foreign species. This has the the same threats as a species with an Southern Great Basin (Leu and Hanser potential to further reduce funding LPN of 2. In addition, available staff in press, p. 14) indicating that threats available for domestic listing actions, resources also are a factor in currently are not high in these areas. although there are currently no foreign determining high-priority species The species has a wide distribution species issues included in our high provided with funding. Finally, across 11 western states. In addition, priority listing actions at this time. The proposed rules for reclassification of two strongholds of contiguous allocations for each specific listing threatened species to endangered are sagebrush habitat (the southwest action are identified in the Service’s FY lower priority, since as listed species, Wyoming Basin and the Great Basin 2010 Allocation Table (part of our they are already afforded the protection area straddling the States of Oregon, administrative record). of the Act and implementing Nevada, and Idaho) contain the highest In FY 2007, we had more than 120 regulations. densities of males in the range of the species with a Listing Priority Number We assigned the greater sage-grouse species (Wisdom et al. in press, pp. 24- (LPN) of 2, based on our September 21, an LPN of 8 based on our finding that 25; Knick and Hanser (in press, p. 17). 1983, guidance for assigning an LPN for the species faces threats that are of We believe that the ability of these each candidate species (48 FR 43098). moderate magnitude and are imminent. strongholds to maintain high densities

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00100 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 14009

in the presence of several threat factors work includes all the actions listed in DPS. We acknowledge that we lack data is an indication that the magnitude of the tables below under expeditious on the precise future location of where threats is moderate overall. progress (see Tables 13 and 14). some impacts will manifest on the We also lack data on the actual future We also have assigned a listing landscape (e.g., effects of climate location of where some potential threats priority number to the Bi-State DPS of change, location of the next wildfire). will occur (e.g., wind energy the greater sage-grouse. As described To the extent to which these impacts development exact location, location of above, under the Service’s LPN occur within unoccupied habitat, the the next wildfire). If these threats occur Guidance, the magnitude of threat is the magnitude of the threat to the Bi-State within unoccupied habitat, the first criterion we look at when DPS is reduced. However, to the extent magnitude of the threat to greater sage- establishing a listing priority. The these impacts occur within habitat used grouse is greatly reduced. The guidance indicates that species with the by greater sage-grouse, due to the low likelihood that some occupied habitat highest magnitude of threat are those number of populations and small size of will not be affected by threats in the species facing the greatest threats to most of them, the effects to the DPS may foreseeable future leads us to consider their continued existence. These species be greatly magnified. Due to the scope the magnitude of threats to the greater receive a higher listing priority. Many of and scale of the high magnitude threats sage-grouse as moderate. This likelihood the threats to the Bi-State DPS that we and current and anticipated future loss is evidenced by our expectation that two analyzed are present throughout the of habitat and isolation of already small strongholds of contiguous habitat will range and currently impact the DPS to populations, leads us to determine that still remain in fifty years even though varying degrees (e.g. urbanization, the magnitude of threats to the Bi-State the threats discussed above will invasive grasses, habitat fragmentation DPS of the greater sage-grouse is high. continue there. from existing infrastructure), and will Under our LPN Guidance, the second Under our LPN Guidance, the second continue into the future. The northern criterion we consider in assigning a criterion we consider in assigning a extent of the Bi-State area including the listing priority is the immediacy of listing priority is the immediacy of Pine Nut, Desert Creek–Fales, and threats. This criterion is intended to threats. This criterion is intended to Mount Grant PMUs are now and will ensure that the species facing actual, ensure that the species facing actual, continue to be most at risk. We identifiable threats are given priority identifiable threats are given priority anticipate loss of some local over those for which threats are only over those for which threats are only populations, and contraction of the potential or that are intrinsically potential or that are intrinsically range of others which would leave them vulnerable but are not known to be vulnerable but are not known to be susceptible to extirpation from presently facing such threats. We have presently facing such threats. We stochastic events, such as wildfire, factual information the threats consider the threats imminent because drought, and disease. Occupied habitat imminent because we have factual we have factual information that the will continue to be affected by threats in information that the threats are threats are identifiable and that the the future and we expect that only two identifiable and that the DPS is species is currently facing them in many isolated populations in the Bodie and currently facing them in many areas of portions of its range. These actual, South Mono PMUs may remain in thirty its range. In particular these actual, identifiable threats are covered in great years. The threats that are of high identifiable threats are covered in great detail in factor A of this finding and magnitude include: the present or detail in factor A of this finding and include habitat fragmentation from threatened destruction, modification or include habitat fragmentation and agricultural activities, urbanization, curtailment of its habitat and range; the destruction due to urbanization, increased fire frequency, invasive inadequacy of existing regulatory infrastructure (e.g. fences, powerlines, plants, and energy development. mechanisms; and other natural or and roads), mining, energy The third criterion in our LPN manmade factors affecting the DPS’s development, grazing, invasive and guidance is intended to devote continued existence, such as the small exotic species, pinyon–juniper resources to those species representing size of the DPS (in terms of both the encroachment, recreation, and wildfire. highly distinctive or isolated gene pools number of individual populations and Therefore, based on our LPN Policy the as reflected by taxonomy. The greater their size) which increases the risk of threats are imminent (ongoing). sage-grouse is a valid taxon at the extinction, particularly for the smaller The third criterion in our LPN species level, and therefore receives a local populations. Also the small guidance is intended to devote higher priority than subspecies or DPSs, number and size and isolation of the resources to those species representing but a lower priority than species in a populations may magnify the impact of highly distinctive or isolated gene pools monotypic genus. the other threats. We consider disease as reflected by taxonomy. We have We will continue to monitor the and predation to be relatively low determined the Bi-State greater sage- threats to the greater sage-grouse, and magnitude threats compared to other grouse population to be a valid DPS the species’ status on an annual basis, existing threats. according to our DPS Policy. Therefore and should the magnitude or the The Bi-State DPS of the greater sage- under our LPN guidance, the Bi-State imminence of the threats change, we grouse is composed of approximately 35 DPS of the greater sage-grouse is will re-visit our assessment of LPN. active leks representing 4 to 8 assigned a lower priority than a species Because we assigned the greater sage- individual local populations, based on in a monotypic genus or a full species grouse an LPN of 8, work on a proposed current information on genetics and that faces the same magnitude and listing determination for the greater connectivity. While some of the threats imminence of threats. sage-grouse is precluded by work on do not occur everywhere across the Therefore, we assigned the Bi-State higher priority candidate species (i.e., range of the DPS at this time (e.g. DPS of the greater sage-grouse an LPN entities with LPN of 7 or lower); listing habitat-based impacts from wildfire, of 3 based on our determination that the actions with absolute statutory, court WNv infections), where threats are DPS faces threats that are overall of high ordered, or court-approved deadlines; occurring, the risk they pose to the DPS magnitude and are imminent (i.e. and final listing determinations for may be exacerbated and magnified due ongoing). We will continue to monitor those species that were proposed for to the small number and size and the threats to the Bi-State DPS of the listing with funds from FY 2009. This isolation of local populations within the greater sage-grouse, and the DPS’ status

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00101 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 14010 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

on an annual basis, and should the work includes all the actions listed in explained above in our description of magnitude or the imminence of the the tables below under expeditious the statutory cap on Listing Program threats change, we will re-visit our progress (see Tables 13 and 14). funds, the Recovery Program funds and assessment of LPN. As explained above, a determination actions supported by them cannot be Because we assigned the Bi-State DPS that listing is warranted but precluded considered in determining expeditious of the greater sage-grouse an LPN of 3, also must demonstrate that expeditious progress made in the Listing Program.) work on a proposed listing progress is being made to add or remove As with our ‘‘precluded’’ finding, determination for this DPS is precluded qualified species to and from the Lists expeditious progress in adding qualified by work on higher priority candidate of Endangered and Threatened Wildlife species to the Lists is a function of the species (i.e., entities with LPN of 2 or and Plants. (Although we do not discuss resources available and the competing lower); listing actions with absolute it in detail here, we also are making demands for those funds. Given that statutory, court ordered, or court- expeditious progress in removing limitation, we find that we are making approved deadlines; and completion of species from the list under the Recovery progress in FY 2010 in the Listing listing determinations for those species Program, which is funded by a separate Program. This progress included for which work already has been line item in the budget of the preparing and publishing the following initiated but is not yet completed. This Endangered Species Program. As determinations (Table 13):

TABLE 13—FISCAL YEAR 2010 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 American Notice of 90–day Petition Finding, Not 74 FR 55177-55180 Dipper in the Black Hills of South Dakota as substantial Threatened or Endangered

10/28/2009 Status Review of Arctic Grayling (Thymallus Notice of Intent to Conduct Status 74 FR 55524-55525 arcticus) in the Upper Missouri River System Review

11/03/2009 Listing the British Columbia Distinct Population Proposed Listing Threatened 74 FR 56757-56770 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 74 FR 61100-61102 (Centrocercus minimus) Review

12/03/2009 12-Month Finding on a Petition to List the Black- Notice of 12 month petition finding, Not 74 FR 63343-63366 tailed Prairie Dog as Threatened or Endangered warranted

12/03/2009 90-Day Finding on a Petition to List Sprague’s Pipit Notice of 90–day Petition Finding, 74 FR 63337-63343 as Threatened or Endangered Substantial

12/15/2009 90-Day Finding on Petitions To List Nine Species Notice of 90–day Petition Finding, 74 FR 66260-66271 of Mussels From Texas as Threatened or Substantial Endangered With Critical Habitat

12/16/2009 Partial 90-Day Finding on a Petition to List 475 Notice of 90–day Petition Finding, Not 74 FR 66865-66905 Species in the Southwestern United States as substantial and Substantial Threatened or Endangered With Critical Habitat; Proposed Rule

12/17/2009 12–month Finding on a Petition To Change the Notice of 12 month petition finding, 74 FR 66937-66950 Final Listing of the Distinct Population Segment Warranted but precluded of the Canada Lynx To Include New Mexico

1/05/2010 Listing Foreign Bird Species in Peru and Bolivia as Proposed ListingEndangered 75 FR 605-649 Endangered Throughout Their Range

1/05/2010 Listing Six Foreign Birds as Endangered Proposed ListingEndangered 75 FR 286-310 Throughout Their Range

1/05/2010 Withdrawal of Proposed Rule to List Cook’s Petrel Proposed rule, withdrawal 75 FR 310-316

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

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00102 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 14011

TABLE 13—FISCAL YEAR 2010 COMPLETED LISTING ACTIONS.—Continued

Publication Date Title Actions FR Pages

1/20/2010 Initiation of Status Review for Agave eggersiana Notice of Intent to Conduct Status 75 FR 3190-3191 and Solanum conocarpum Review

2/09/2010 12–month Finding on a Petition to List the Notice of 12 month petition finding, Not 75 FR 6437-6471 American Pika as Threatened or Endangered; warranted Proposed Rule

2/25/2010 12-Month Finding on a Petition To List the Sonoran Notice of 12 month petition finding, Not 75 FR 8601-8621 Desert Population of the Bald Eagle as a warranted Threatened or Endangered Distinct 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

Our expeditious progress also conducted to meet statutory , a lower priority if they overlap includes work on listing actions that we that is, timelines required under the geographically or have the same threats funded in FY 2010, and for which work Act. Actions in the bottom section of the as the species with the high priority. is ongoing but not yet completed to table are high-priority listing actions. Including these species together in the date. These actions are listed below These actions include work primarily same proposed rule results in (Table 14). Actions in the top section of on species with an LPN of 2, and considerable savings in time and the table are being conducted under a selection of these species is partially funding, as compared to preparing deadline set by a court. Actions in the based on available staff resources, and separate proposed rules for each of them middle section of the table are being when appropriate, include species with in the future.

TABLE 14—LISTING ACTIONS FUNDED IN FISCAL YEAR 2010 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

6 Birds from Peru Proposed listing determination

Sacramento splittail Proposed listing determination

Mono basin sage-grouse 12–month petition finding

Greater sage-grouse 12–month petition finding

Big Lost River whitefish 12–month petition finding

White-tailed prairie dog 12–month petition finding

Gunnison sage-grouse 12–month petition finding

Wolverine 12–month petition finding

Arctic grayling 12–month petition finding

Agave eggergsiana 12–month petition finding

Solanum conocarpum 12–month petition finding

Mountain plover 12–month petition finding

Hermes copper butterfly 90–day petition finding

Thorne’s hairstreak butterfly 90–day petition finding

Actions with Statutory Deadlines

48 Kauai species Final listing determination

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00103 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 14012 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

TABLE 14—LISTING ACTIONS FUNDED IN FISCAL YEAR 2010 BUT NOT YET COMPLETED.—Continued

Species Action

Casey’s June beetle Final listing determination

Georgia pigtoe, interrupted rocksnail, and rough hornsnail Final listing determination

2 Hawaiian damselflies Final listing determination

African penguin Final listing determination

3 Foreign bird species (Andean flamingo, Chilean woodstar, St. Lucia Final listing determination forest thrush)

5 Penguin species Final listing determination

Southern rockhopper penguin – Campbell Plateau population Final listing determination

5 Bird species from Colombia and Ecuador Final listing determination

7 Bird species from Brazil Final listing determination

Queen Charlotte goshawk Final listing determination

Salmon crested cockatoo Proposed listing determination

Black-footed albatross 12–month petition finding

Mount Charleston blue butterfly 12–month petition finding

Least chub1 12–month petition finding

Mojave fringe-toed lizard1 12–month petition finding

Pygmy rabbit (rangewide)1 12–month petition finding

Kokanee – Lake Sammamish population1 12–month petition finding

Delta smelt (uplisting) 12–month petition finding

Cactus ferruginous pygmy-owl1 12–month petition finding

Tucson shovel-nosed snake1 12–month petition finding

Northern leopard frog 12–month petition finding

Tehachapi slender salamander 12–month petition finding

Coqui Llanero 12–month petition finding

Susan’s purse-making caddisfly 12–month petition finding

White-sided jackrabbit 12–month petition finding

Jemez Mountains salamander 12–month petition finding

Dusky tree vole 12–month petition finding

Eagle Lake trout1 12–month petition finding

29 of 206 species 12–month petition finding

Desert tortoise – Sonoran population 12–month petition finding

Gopher tortoise – eastern population 12–month petition finding

Amargosa toad 12–month petition finding

Wyoming pocket gopher 12–month petition finding

Pacific walrus 12–month petition finding

Wrights marsh thistle 12–month petition finding

67 of 475 southwest species 12–month petition finding

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00104 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 14013

TABLE 14—LISTING ACTIONS FUNDED IN FISCAL YEAR 2010 BUT NOT YET COMPLETED.—Continued

Species Action

9 Southwest mussel species 12–month petition finding

14 parrots (foreign species) 12–month petition finding

Southeastern pop snowy plover & wintering pop. of piping plover1 90–day petition finding

Eagle Lake trout1 90–day petition finding

Berry Cave salamander1 90–day petition finding

Ozark chinquapin1 90–day petition finding

Smooth-billed ani1 90–day petition finding

Bay Springs salamander1 90–day petition finding

Mojave ground squirrel1 90–day petition finding

32 species of snails and slugs1 90–day petition finding

Calopogon oklahomensis1 90–day petition finding

Striped newt1 90–day petition finding

Southern hickorynut1 90–day petition finding

42 snail species 90–day petition finding

White-bark pine 90–day petition finding

Puerto Rico harlequin 90–day petition finding

Fisher – Northern Rocky Mtns. population 90–day petition finding

Puerto Rico harlequin butterfly1 90–day petition finding

42 snail species (Nevada & Utah) 90–day petition finding

HI yellow-faced bees 90–day petition finding

Red knot roselaari subspecies 90–day petition finding

Honduran emerald 90–day petition finding

Peary caribou 90–day petition finding

Western gull-billed tern 90–day petition finding

Plain bison 90–day petition finding

Giant Palouse earthworm 90–day petition finding

Mexican gray wolf 90–day petition finding

Spring Mountains checkerspot butterfly 90–day petition finding

Spring pygmy sunfish 90–day petition finding

San Francisco manzanita 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

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00105 Fmt 4701 Sfmt 4702 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 14014 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

TABLE 14—LISTING ACTIONS FUNDED IN FISCAL YEAR 2010 BUT NOT YET COMPLETED.—Continued

Species Action

10 species of Great Basin butterfly 90–day petition finding

High Priority Listing Actions3

19 Oahu candidate species3 (16 plants, 3 damselflies) (15 with LPN = Proposed listing 2, 3 with LPN = 3, 1 with LPN =9)

17 Maui-Nui candidate species3 (14 plants, 3 tree snails) (12 with Proposed listing LPN = 2, 2 with LPN = 3, 3 with LPN = 8)

Sand dune lizard3 (LPN = 2) Proposed listing

2 Arizona springsnails3 (Pyrgulopsis bernadina (LPN = 2), Pyrgulopsis Proposed listing trivialis (LPN = 2))

2 New Mexico springsnails3 (Pyrgulopsis chupaderae (LPN = 2), Proposed listing Pyrgulopsis thermalis (LPN = 11))

2 mussels3 (rayed bean (LPN = 2), snuffbox No LPN) Proposed listing

2 mussels3 (sheepnose (LPN = 2), spectaclecase (LPN = 4),) Proposed listing

Ozark hellbender2 (LPN = 3) Proposed listing

Altamaha spinymussel3 (LPN = 2) Proposed listing

5 southeast fish3 (rush darter (LPN = 2), chucky madtom (LPN = 2), Proposed listing yellowcheek darter (LPN = 2), Cumberland darter (LPN = 5), laurel dace (LPN = 5))

8 southeast 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))

3 Colorado plants3 (Pagosa skyrocket (Ipomopsis polyantha) (LPN = Proposed listing 2), Parachute beardtongue (Penstemon debilis) (LPN = 2), Debeque phacelia (Phacelia submutica) (LPN = 8)) 1 Funds for listing actions for these species were provided in previous FYs. 2 We funded a proposed rule for this subspecies with an LPN of 3 ahead of other species with LPN of 2, because the threats to the species were so imminent and of a high magnitude that we considered emergency listing if we were unable to fund work on a proposed listing rule in FY 2008. 3 Funds for these high-priority listing actions were provided in FY 2008 or 2009

We have endeavored to make our procedures. We acknowledge we must References Cited listing actions as efficient and timely as reevaluate the status of the Columbia possible, given the requirements of the Basin population as it relates to the A complete list of references cited is relevant laws and regulations, and greater sage-grouse; we will conduct this available on the Internet at http:// constraints relating to workload and analysis as our priorities allow. Other www.regulations.gov and upon request personnel. We are continually populations of the greater sage-grouse, from the Wyoming Ecological Services considering ways to streamline as appropriate, will be evaluated to Office (see ADDRESS section). processes or achieve economies of scale, determine if they meet the distinct Author such as by batching related actions population segment (DPS) policy prior together. Given our limited budget for to a listing action, if necessary and The primary authors of this notice are implementing section 4 of the Act, the appropriate. the staff members of the Wyoming, actions described above collectively Montana, Idaho, Nevada, and Oregon We intend that any proposed listing constitute expeditious progress. Ecological Services Offices. The greater sage-grouse and the Bi- action for the greater sage-grouse or Bi- State DPS of the greater sage-grouse will State DPS of the greater sage-grouse will Authority: The authority for this section each be added to the list of candidate be as accurate as possible. Therefore, we is section 4 of the Endangered Species Act of species upon publication of these 12– will continue to accept additional 1973, as amended (16 U.S.C. 1531 et seq.). month findings. We will continue to information and comments from all Dated: March 3, 2010 monitor their status as new information concerned governmental agencies, the Daniel M Ashe, becomes available. This review will scientific community, industry, or any Acting Director, Fish and Wildlife Service determine if a change in status is other interested party concerning these [FR Doc. 2010–5132 Filed 3–22– 10; 8:45 am] warranted, including the need to make findings. prompt use of emergency listing BILLING CODE 4310–55–S

VerDate Nov<24>2008 16:54 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00106 Fmt 4701 Sfmt 9990 E:\FR\FM\23MRP3.SGM 23MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3