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hours at our Missoula Office (see (4) Hand Delivery/Courier: You may finding expresses no view as to the ADDRESSES). In making a final decision hand-deliver documents to our office ultimate issue of whether the species on the proposed rule, we will take into (see mailing address above). should be listed. consideration the comments and any The petition and supporting On December 29, 2003, the Service additional information we receive. Such information are available for public received a petition dated December 15, communications may lead to a final rule inspection, by appointment, during 2003, from Dr. Rhoda Love on behalf of that differs from the proposal. normal business hours at the above The Native Plant Society of Oregon address. (NPSO) requesting that the Service list Authority Sidalcea hendersonii (Henderson’s FOR FURTHER INFORMATION CONTACT: Liz checkermallow) as a threatened or The authority for this action is the Kelly, Newport Field Office, U.S. Fish endangered species under the Act. Endangered Species Act of 1973 (16 and Wildlife Service, 2127 SE. Marine Action on this petition was precluded U.S.C. 1531 et seq.). Science Drive, Newport, OR 97365; or by nearly all of our listing funds being Dated: February 9, 2006. by electronic mail to [email protected] obligated to court orders and settlement Marshall P. Jones, Jr., (telephone: 541–867–4558; fax: 541– agreements for other listing actions. Acting Director, U.S. Fish and Wildlife 867–4551). Persons who use a The petition contained detailed Service. telecommunications device for the deaf information on the natural history of [FR Doc. E6–2205 Filed 2–15–06; 8:45 am] (TDD) may call the Federal Information Sidalcea hendersonii, its population BILLING CODE 4310–55–P Relay Service (FIRS) at 800–877–8339, status, and existing threats to the 24 hours a day, 7 days a week. species. Potential threats discussed in SUPPLEMENTARY INFORMATION: the petition include destruction and DEPARTMENT OF THE INTERIOR Background modification of habitat, predation, inadequacy of existing regulatory Fish and Wildlife Service Section 4(b)(3)(A) of the Act requires mechanisms, and other natural and that we make a finding on whether a manmade factors such as flooding and 50 CFR Part 17 petition to list, delist, or reclassify a siltation. In response to the petitioner’s species presents substantial scientific Endangered and Threatened Wildlife request to list S. hendersonii, the information to indicate that the Service sent a letter to the petitioner and Plants; 90-Day Finding on a petitioned action may be warranted. To Petition To List Sidalcea hendersonii dated February 13, 2004, explaining that the maximum extent practicable, this initial review of the petition did not (Henderson’s checkermallow) as finding is to be made within 90 days of Threatened or Endangered indicate that an emergency listing was receipt of the petition, and the finding warranted and that the Service would AGENCY: Fish and Wildlife Service, is to be published promptly in the review the petition and determine Interior. Federal Register. whether or not the petition presents This finding summarizes the ACTION: Notice of petition finding. substantial scientific information information included in the petition and indicating that listing S. hendersonii SUMMARY: We, the U.S. Fish and information available to us at the time may be warranted. Wildlife Service (Service), announce a of the petition review. Under section On January 17, 2006, we received 90-day finding on a petition to list 4(b)(3)(A) of the Act and our regulations additional information from the NPSO Sidalcea hendersonii (Henderson’s in 50 CFR 424.14(b), our review of a 90- dated January 7, 2006, related to the checkermallow) under the Endangered day finding is limited to a determination petition. The additional information Species Act of 1973, as amended. We of whether the information in the included an analysis of the Washington find the petition does not provide petition meets the ‘‘substantial scientific Natural Heritage Program (WNHP) 2005 substantial scientific information information’’ threshold. Our standard report on the Washington Status of indicating that listing S. hendersonii for substantial scientific information Sidalcea hendersonii (Henderson’s may be warranted. Therefore, we will with regard to a 90-day listing petition checkermallow). finding is ‘‘that amount of information not be initiating a further status review Species Information in response to this petition, however, that would lead a reasonable person to we ask the public to submit to us any believe that the measure proposed in the Sidalcea hendersonii was first new information that becomes available petition may be warranted’’ (50 CFR recorded in 1841 by botanist William concerning the status of the species or 424.14(b)). Breckenridge in southwestern threats to it. We have to satisfy the Act’s Washington. Two more specimens were requirement that we use the best collected from British Columbia on DATES: The finding announced in this available science to make our decisions. Saturna Island in 1858 and Vancouver document was made on February 16, However, we do not conduct additional Island in 1883. Originally identified as 2006. research at this point, nor do we subject either S. malvaeflora or S. campestris, ADDRESSES: You may submit the petition to rigorous critical review. the specimens were not recognized as S. information by any of the following Rather, at the 90-day finding stage, we hendersonii until examined by Eva M. methods: accept the petitioner’s sources and F. Roush for her 1931 monograph on the (1) E-mail: [email protected]. Include characterizations of the information, to genus. Sidalcea hendersonii did not Sidalcea hendersonii (Henderson’s the extent that they appear to be based gain its scientific name until 1887. In checkermallow) in the subject line of on accepted scientific principles (such Oregon, the plant was first collected by the message. as citing published and peer reviewed Louis F. Henderson on July 3, 1887, on (2) Fax: 503–231–6195. articles, or studies done in accordance the Columbia River estuary ‘‘near (3) Mail: Kemper McMaster, State with valid methodologies), unless we Clatsop Bay.’’ Two weeks earlier on Supervisor, Oregon Fish and Wildlife have specific information to the June 15, 1887, the plant had been Office, U.S. Fish and Wildlife Service, contrary. Our finding considers whether collected by Thomas Jefferson Howell at 2600 SE. 98th Avenue, Suite 100, the petition states a reasonable case for the mouth of the Umpqua River and Portland, OR 97266–1398. listing on its face. Thus, our 90-day labeled as S. campestris Greene. The

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plant was re-annotated in 1930 as S. Henderson in 1931, the location is Population Status hendersonii Watson by Eva Roush and described as ‘‘Sandy flats of Siuslaw Sidalcea hendersonii occurs in up to then later in 1952 by C. Leo Hitchcock Bay just above tide, Florence’’ (Table 1 67 locations rangewide (NPSO 2003; (Gisler and Love 2005; H. Kesner, pers. in NPSO 2003). Based on this WNHP 2005; J. Penny, pers. comm. comm. 2005). description, a single population may no 2005; Stensvold 2005). Records in our Sidalcea hendersonii, in the mallow longer be in existence, and may have files indicate that there are at least 5,000 family (Malvaceae), is a perennial herb shifted to form two extant populations to 10,000 plants in Washington, with pinkish-lavender to pinkish-purple associated with Cox Island in the approximately 1,200 to 1,400 plants in flowers borne in clusters at the end of Siuslaw River estuary and Bull Island in Oregon, and 3 plants in Alaska. At least 1.6 to 5 foot (ft) (0.5 to 1.5 meter (m)) the North Fork Siuslaw River. In 30 populations with an unknown tall stems. Inflorescences (flowering addition to these two populations in parts of the plant) are spikelike number of individuals are believed to Oregon, introductions of S. hendersonii exist in British Columbia (J. Penny, pers. (Hitchcock and Cronquist 1973). The occurred in 2005 at Siletz Bay National flower is distinguished from other comm. 2005a). Precise counts of S. Wildlife Refuge, Lincoln County and at hendersonii are difficult to obtain due to Sidalcea species primarily by its habitat Blacks and Goose Islands, Umpqua and by its glabrous (lacking hairs) observer subjectivity and the use of River, Douglas County (M.Gisler, pers. incomparable metrics to quantify foliage and smooth carpels (modified comm. 2005), resulting in a total of four leaf forming the ovary) (Gisler and Love population numbers (WNHP 2005). For populations in Oregon. example, during surveys conducted by 2005). Sidalcea hendersonii is a Sidalcea hendersonii occurs in a gynodioecious species, which means the NPSO and The Nature Conservancy habitat unlike that occupied by other (TNC) in Oregon (Appendix 1 in NPSO that the plants have either perfect members of its genus. It is found in flowers (male and female) or pistillate 2003), the terms ‘‘stems’’ and tidally-influenced high salt marsh or the ‘‘individuals’’ were used (female) flowers. The plant can brackish transition zone of coastal reproduce vegetatively by rhizomes interchangeably. In Washington, marshes (WNHP 2005; Gisler and Love individual plants were defined as (horizontal underground stems) and 2005). The top seven indicators of produces seeds that drop near the having either individual or multiple suitable habitat for S. hendersonii in stems (WNHP 2005). parent plant (Hitchcock and Cronquist Oregon and Washington at five sites 1973). Flowering typically occurs from Sidalcea hendersonii is currently were Argentina egedii (Potentilla considered globally rare, uncommon or June to August. pacifica) (silverweed), Juncus balticus Sidalcea hendersonii occurs threatened, but not immediately (Baltic rush), Angelica lucida (sea- sporadically in coastal areas from imperiled (G3) and is considered watch), Achillea millefolium (yarrow), Douglas County, Oregon, to Chilkat critically imperiled (S1) in Oregon by Galium asparine (cleavers), Peninsula, Alaska. Prior to 2003, when the NatureServe and Natural Heritage Deschampsia caespitosa (tufted it was discovered in Howard Bay on the Network (Oregon Natural Heritage hairgrass), and Hordeum southern tip of the Chilkat Peninsula, Information Center (ONHIC) 2004). The the known range only extended as far brachyantherum (meadow barley) ONHIC (2004) ranks S. hendersonii with north as southwestern British Columbia, (Gisler and Gisler 2005). the group of taxa that are threatened Canada. In British Columbia, Sidalcea with extinction or thought to be extinct The historical record contains hendersonii primarily occurs in tidal throughout their range (List 1). uncertainty as to the number of sites marshes as well as salt-water influenced Washington recently recommended S. that supported Sidalcea hendersonii ditches and man-made channels. hendersonii as vulnerable (S3), and it populations. In Oregon, 10 locations Associated species in natural habitats will continue to be maintained on the were documented (Gisler and Love include Rumex spp. (sorrel), Carex State’s Watch List (WNHP 2005). 2005); in Washington there were 47 lyngbyei (Lyngbye’s sedge), Aster In British Columbia, Sidalcea documented sites (WNHP 2005). Based subspicatus (Douglas’ aster), Lycopus hendersonii is listed as ‘‘blue’’ or on surveys from 2002–2005, 23 extant europaeus (gypsywort), Lythrum vulnerable (NatureServe 2005). Taxa on populations have been documented in salicaria (purple loosestrife), Caltha Canada’s ‘‘blue list’’ are considered at Washington. If populations found since palustris (marsh marigold), Cardamine risk, but not extinct, endangered, or 1980 (but not necessarily revisited in pratensis (cuckoo flower), Juncus threatened. Due to rarity in Alaska, S. 2002–2005) are included, Washington balticus, Triglochin maritime (seaside hendersonii is ranked as critically may support as many as 32 populations arrowgrass), Typha latifolia (broadleaf imperiled (S1) (Alaska Natural Heritage (WNHP 2005). Populations in British cattail), Iris pseudacorus (yellow flag), Program (ANHP) 2005). Columbia appear to be less intensively Argentina egedii, Festuca rubra (red The following is a summary of the studied, with at least 30 extant fescue), and Phalaris arundinacea (reed current information on Sidalcea populations today (J. Penny, pers. canary grass) (J. Penny, pers. comm. hendersonii’s population status. comm. 2005a). We do not have 2005a). Oregon information on the number of historical In Alaska, Sidalcea hendersonii was populations for British Columbia. The found in the transitional habitat areas of According to the petition and our single population discovered in Alaska beach meadow/forest habitats. The files, at least ten Oregon sites for in 2003 is well-documented. beach meadow was dominated by Sidalcea hendersonii were identified Based on information in our files, Geranium erianthum (geranium), from the 1880s to 1950, and the species nine of the ten historical populations of Lathyrus palustris (beach pea), and has disappeared from nine of these sites Sidalcea hendersonii found in Clatsop, Lupinus nootkatensis (Nootka lupine). since the 1950s. In 2003, a survey Tillamook, Lane, and Douglas Counties The adjacent forest edge was dominated organized by the NPSO occurred in may have been extirpated from Oregon. by Alnus viridis spp. sinuate (Sitka June, July, and August. As stated in the The record for the remaining population alder), Picea sitchensis (Sitka spruce), petition, at least ‘‘23 trained botanists’’ cited in the petition, the Siuslaw River Rubus spectabilis (salmonberry), and searched for the plant at historical estuary population in Lane County, is Heracleum lanatum (cow parsnip) locations and in other likely coastal unclear. As documented by L.F. (Stensvold 2005). habitat in Clatsop, Tillamook, Lane and

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Douglas Counties. As described in the highway and bridge construction, off- purposes; (C) disease or predation; (D) petition, S. hendersonii was found at a road vehicle use, and recreational inadequacy of existing regulatory single, known location in Lane County activities. mechanisms; or (E) other natural or with 900 to 1,100 individuals. Although manmade factors affecting its continued Washington the petitioner provided information on existence. In making this finding, we survey results, survey methodology was In Washington, 47 current and evaluated whether the information not submitted. Regarding the site where historical sites of Sidalcea hendersonii related to Sidalcea hendersonii the plant was found in Lane County, the have been documented (WNHP 2005), presented in the petition, or in our files, petition does state that this area is the twenty-seven of which were revisited suggests that the petitioned action may only site where monitoring of the from 2002 to 2005 through incidental be warranted. The Act identifies the five species regularly takes place. According surveys, or during a status review factors to be considered, either singly or to the petition, this scattered population conducted by the Washington Natural in combination, to determine whether a is divided into five ‘‘aggregations,’’ with Heritage Program in 2004 to 2005 and species may be threatened or only two aggregations (Cox Island and documented in the 2005 Status Report endangered. Our evaluation of these nearby Wilbur Island) considered viable (WNHP 2005). These surveys described threats, based on information provided (NPSO 2003). 23 extant populations with a total of in the petition and available in our files, Based on information from the 18,000 to 20,000 stems. Distribution was is presented below. petition and our files, we now believe concentrated along the coastal areas of there are four populations of Sidalcea Grays Harbor and Pacific County, with A. Present or Threatened Destruction, hendersonii in Oregon. According to the scattered populations in Clallam, Island, Modification, or Curtailment of the maps provided in the petition, the Snohomish, and San Juan Counties Species’ Habitat or Range Siuslaw River estuary population (WNHP 2005). If populations found The petition states that the historical appears to be two populations. One since 1980 (but not revisited in 2002 to range of Sidalcea hendersonii extended large population exists in the Siuslaw 2005) are included, Washington may from Vancouver Island, British River estuary on Cox Island and nearby support as many as 32 populations and Columbia, to Umpqua River estuary, Wilbur Island. Cox Island is located on 5,000 to 10,000 plants (WNHP 2005). Oregon, and based on the available TNC property and supports a The Status Report stated that any of the scientific evidence, approximately 40 population of 545 stems NPSO 2003). populations may be much larger than sites currently exist for the species. The The peninsula northeast of Cox Island is the area surveyed and that ‘‘there is petitioner states that, based on the under unknown ownership and little evidence of population decline or decrease in S. hendersonii’s range in supports scattered individuals (see TNC loss, and the habitat appears currently Oregon alone, the species is in clear Report, Summer 2003, Appendix 1 in stable and secure, despite the large danger of extinction within a significant NPSO 2003). Wilbur Island is private proportion of populations on private portion of its range. The petition also property adjacent to Cox Island, and land.’’ states that, based on the plight and lack supports an estimated 300 to 500 stems of protection of S. hendersonii, the (see TNC Report, July 9, 2003, Appendix British Columbia and Alaska species is in danger of extinction 1 in NPSO 2003). In British Columbia, the most recent throughout its range. A second small population is found in estimate of Sidalcea hendersonii There is little information regarding the North Fork Siuslaw River, and is populations is that there are 21 the historical population size or comprised of the ‘‘North Fork’’ site and populations (69 percent) located along viability for Sidalcea hendersonii prior Bull Island. The ‘‘North Fork’’ site is the coast of the lower mainland (greater to the 1980s, particularly for Oregon. located on private property and Vancouver) and 7 populations (24 Records prior to 2003 may not supports 13 individuals (see NPSO percent) are found on Vancouver Island. accurately reflect the species’ historical Report, July 3, 2003, Appendix 1 in There are two locations on the Gulf distribution because they were not NPSO 2003). The Bull Island site is Islands (North Pender Island and Briola collected in a systematic, located on Oregon Department of Fish Island) and one on Trial Island, off of comprehensive manner with the goal of and Wildlife property and contains 31 Oak Bay, Victoria (J. Penny, pers. comm. determining species distribution and stems (NPSO 2003). The confluence of 2005a). Inventory is incomplete so there abundance. The petition does not the North Fork Siuslaw River with the is a likelihood of finding more locations provide comprehensive information on Siuslaw River estuary is downriver from (J. Penny, pers. comm. 2005a). the current range of S. hendersonii both populations and the two In Alaska in 2003, two Sidalcea within estuarine ecosystems. populations are at least one mile apart. hendersonii were discovered at one It appears that in nine of the ten Since the petition was submitted, two location on the Chilkat Peninsula, known historical locations in Oregon introductions of Sidalcea hendersonii Tongass National Forest. This was the the species is no longer present. A were made on sites with suitable habitat first record of a plant within the family single population of Sidalcea in Oregon; at Siletz Bay National Malvaceae for the State. Three S. hendersonii as identified in the petition Wildlife Refuge (131 plants) in Lincoln hendersonii were found at the same has recently been recognized as two County and at Blacks and Goose Islands, location in 2005 (Stensvold 2005). extant populations at the Siuslaw River Umpqua River estuary (154 plants) in estuary location. In 2005, a population Douglas County (M. Gisler, pers. comm. Threats Analysis of S. hendersonii was introduced in 2005). It is unknown if either of these Pursuant to section (4) of the Act, we Lincoln County and another was locations were historical sites. may list a species, subspecies, or introduced in Douglas County. The four As included in the petition, the NPSO vertebrate taxa distinct population populations are located on protected (2003) speculated that Sidalcea segment (DPS) on the basis of any of the lands, private land, or on relatively hendersonii declined in Oregon due to following five factors: (A) Present or inaccessible islands, and do not appear a number of factors, including threatened destruction, modification, or to be at risk from threats such as conversion of wetlands for agricultural curtailment of habitat or range; (B) wetlands conversion, weed invasions, purposes, livestock grazing, weed overutilization for commercial, development, or recreational activities. invasions, urban and rural development, recreational, scientific, or educational The locations where S. hendersonii

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populations are no longer found were been, in part, responsible for the greatest concern were Lythrum salicaria, located on the north coast of Oregon, reduction of high salt marsh habitat in Erechtites minima, Iris pseudoacorus, and constitute a relatively minor Oregon. The petitioner provides general and Cirsium arvense (Canada thistle). geographic area in relation to the statements regarding wetland loss, but Lythrum salicaria was the only invasive species’ range. In view of the fact that does not cite specific examples of losses species that posed a major threat to the net loss of 6 locations in Oregon in specific areas where the Sidalcea Sidalcea hendersonii at one site, where represents only 9 percent of the 67 hendersonii has been found. it was also being actively controlled. All existing locations rangewide, we do not In Washington during the 2004–2005 other invasives were considered a low consider the loss of the Oregon survey, two marsh areas were noted as threat to the Sidalcea hendersonii’s populations to be a significant loss to being actively grazed and no longer viability (WNHP 2005), including the rangewide existence of S. providing habitat to Sidalcea Spartina patens which occurs much hendersonii. There are no major hendersonii due to diking and lower in the tidal zone and not in the geographic areas where S. hendersonii associated changes in hydrology. high marsh where Sidalcea hendersonii was once viable but no longer is viable. However, the grazing had been on-going occurs. Although the petition states that for 100 years and would not likely be In British Columbia, the role of the Sidalcea hendersonii evolved in responsible for the recent declines in introduced Lythrum salicaria in Oregon, no published or peer-reviewed the population (WNHP 2005). No competition with Sidalcea hendersonii articles were provided in support of the information was available in the is unknown, although in one location L. species’ evolutionary origin. The petition or in our files on wetland loss salicaria seems to grow in wetter areas petitioner states that S. hendersonii is for current or historical sites in British than those with S. hendersonii (J. the only member of its genus that has Columbia. No wetland loss has occurred Penny, pers. comm. 2005b). adapted to an environment between salt where S. hendersonii was recently It is likely that invasive weeds pose a and fresh water, thereby limiting its discovered in Alaska. However, the loss significant threat to some individual distribution to estuaries from central of high salt marsh habitat is a factor that populations and have contributed, in Oregon to southwestern British likely contributed to population part, to the loss of populations. Columbia. The petition claims S. declines in Oregon and some individual However, the petition does not provide hendersonii has been subject to populations rangewide (Adamus et al. substantial information on the population losses and declines due to 2005; WNHP 2005). magnitude and the extent of habitat various land management practices such Invasive Plants as conversion of wetlands for impacts by invasive weeds such that we agricultural purposes, livestock grazing, The petition claims weed invasions might conclude that they threaten the weed invasions, urban and rural pose a threat to Sidalcea hendersonii continued existence of Sidalcea development, highway and bridge throughout its range. In Oregon, hendersonii throughout all or a construction, off-road vehicle use, and invasive weeds were reported as threats significant portion of its range. recreational activities. Based on these, at three of the ten sites surveyed for Urban and Rural Development and other threats, the petitioner claims Sidalcea hendersonii (NPSO 2003). The that S. hendersonii is in danger of petitioner claims that invasive weedy The petition identifies habitat loss extinction throughout its entire range, competitors such as Phalaris from urban and rural development as a and provides the following information arundinacea, Cytisus scoparius (scotch negative impact to Sidalcea to substantiate this claim. broom), Lythrum salicaria, Festuca hendersonii. The construction of the The petitioner cites wetland arundinacea (tall fescue), Erechtites Columbia River jetty and Winchester conversion for agriculture and grazing minima (coastal burnweed), and Bay boat basin, resorts, industrial purposes as a threat to Sidalcea Spartina patens (saltmeadow cordgrass) development and airport construction hendersonii. Wetland conversion was invade the Sidalcea hendersonii habitat. were examples cited in the petition. The reported as a factor in the extirpation of Spartina patens has become established infrastructure that accompanies S. hendersonii at five of the ten sites at Cox Island and is the target of TNC development (i.e., roads, highways, investigated by the NPSO (Table 1 in control efforts (Pickering 2000). The bridges) is also considered a threat. In NPSO 2003) in Oregon. Surveyors noted petition does not provide specific the 2003 NPSO survey, five of the ten channelization and diking at three sites information on the threat of invasive sites were found to have some form of in Clatsop County. Grazing was cited as weeds in other portions of Sidalcea development associated with them. a threat at one site in Lane County and hendersonii’s range. Although the petition provides a list of one site in Douglas County. Forestry The petitioner provides information sites where anthropogenic threats to practices and grazing in the Umpqua about general weed invasions in habitat exist, it does not provide specific River estuary, Oregon, have impacted Sidalcea hendersonii habitat, and information on the threat of urban and wetland habitat (Miller 2003). several sites where the presence of rural development throughout S. Henderson (1891) described hundreds weeds may be a threat in Oregon. hendersonii’s range. of acres of estuarine habitat that have However, the petitioner does not Recreational Activities since been converted to pasture in provide substantial information that Tillamook County. Although the documents impacts by invasive species The petitioner claims that off-road petition provided a list of sites where outside of Oregon. vehicle use is a threat to Sidalcea anthropogenic threats to habitat exist, On Cox Island, although there is some hendersonii, specifically at Bob Straub the petition did not provide information overlap in habitat of Spartina patens State Park (Nestucca River). According on wetland conversion for portions of and Sidalcea hendersonii, Pickering to the petition, the last sighting of S. the S. hendersonii’s range where S. (pers. comm. 2005) states that Phalaris hendersonii in Bob Straub State Park hendersonii is known to exist or to have arundinacea is more of a threat than was in 1987, when 45 stems were found, existed. Spartina patens. In Washington, although the exact location is unknown. The information in the petition invasive species were present at low One stem was found at nearby Whalen suggests that conversion of wetlands for levels within 11 populations of Sidalcea Island in 2000. The petitioner also states agricultural and grazing purposes has hendersonii (WNHP 2005). Of the that the potential park expansion and

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prospective golf course at Sand Lake are significantly more seeds from Oregon to help stabilize and conserve a threat to S. hendersonii. hermaphrodite plants, substantially the species (Gisler 2005). In While recreational activities could be reducing seed production by perfect Washington, the site that occurs on an issue in parks where heavy flowers overall (Marshall and Ganders National Park Service land is managed recreational pressure or lack of 2001). In 2003, weevils were collected as a natural area (L. Smith, pers. comm. enforcement lead to trampling of habitat from S. hendersonii on Cox Island, 2005). Two populations on Washington by users where Sidalcea hendersonii is Siuslaw River estuary, Oregon (R. Love, Department of Natural Resources found, the petition does not provide pers. comm. 2004), although the (WDNR) property are found within information that links the actual loss of significance of weevils to reproduction Natural Area Preserves. At John’s River S. hendersonii habitat to off-road in this population is unknown. The and Smith Creek on Washington vehicle use locally. petition does not provide specific Department of Fish and Wildlife information on the threat of weevil (WDFW) land, conservation measures Summary of Habitat Threats predation in other portions of the S. are in place for the estuarine ecosystems While a variety of anthropogenic hendersonii’s range. The information where S. hendersonii is found. At John’s activities that affect wetlands (e.g., presented indicates that this potential River, estuary restoration is creating an agriculture, grazing, coastal threat has been evaluated in British additional 200 acres (81 hectares) of development) are occurring across the Columbia (although no details were tidally influenced high salt marsh with range of Sidalcea hendersonii, the provided), and that further research is the breaching of the dike on the East petition does not provide substantial needed to determine actual impacts to side (J. Gerchak, pers. comm. 2005). information that these activities, either S. hendersonii rangewide. In In British Columbia, Sidalcea singly or in combination, are destroying Washington, weevils were found in 1 hendersonii occurs in protected areas at or modifying S. hendersonii habitat over out of 14 populations searched (WNHP Medicine Beach on Pender Islands, Trial all or a significant portion of the 2005). Island Ecological Reserve, and in a fen species’ range. Also, with limited Since weevils co-occur with other (marshland) sanctuary in greater exceptions, the petition fails to provide members of Sidalcea, their occurrence Vancouver. Most locations are likely on scientific documentation to demonstrate in habitats with Sidalcea hendersonii is private land with unknown status (J. that the areas where habitat loss has not surprising. The petition does not Penny, pers. comm. 2005). In Alaska, occurred are the same areas where S. present documentation to indicate that S. hendersonii is protected on Tongass hendersonii populations have been weevil predation is a significant threat National Forest land under the National documented. to the continued existence of S. Forest Management Act of 1976 (M. Based on the preceding discussion, hendersonii. Stensvold, pers. comm. 2005). we do not believe that substantial While many areas where Sidalcea D. Inadequacy of Existing Regulatory hendersonii occurs are not protected, a information is available indicating that Mechanisms the present or threatened destruction, number of sites are managed in a modification, or curtailment of habitat The petition states that State and manner consistent with conservation of or range may, either singularly or in Federal agencies have failed to conduct the species. Therefore, we conclude that combination with other factors, rise to monitoring for Sidalcea hendersonii in the petition does not present substantial the level of a major threat to the most of its range and have failed to information to indicate that continued existence of the species protect it from numerous direct and S. hendersonii may be threatened by the throughout all or a significant portion of indirect impacts associated with inadequacy of existing regulatory the species’ range. conversion of wetlands for agricultural mechanisms across all or a significant purposes, livestock grazing, and portion of its range. B. Overutilization for Commercial, development (see Factor A above). The Recreational, Scientific, or Educational petition further states that mechanisms E. Other Natural or Manmade Factors Purposes to regulate and control these various Affecting the Species’ Continued No information was presented in the activities have failed to prevent harm to Existence petition, nor is any in our files, to S. hendersonii habitat in a significant The petition mentions several other suggest that Sidalcea hendersonii has portion of its range. The petitioner states factors, not discussed above, that been overutilized for commercial, that in Oregon, one population is negatively impact Sidalcea hendersonii recreational, scientific, or educational protected and actively managed on Cox populations. Some of these are found purposes. Island through invasive species within the text of the petition, others management by TNC. The petition also within the survey data provided as C. Disease or Predation states that S. hendersonii has no known attachments. These factors include The petition states that weevil legal protection or conservation status changes to the estuarine ecosystem, the predation poses a threat to Sidalcea in Washington since the majority of species’ breeding system, succession, hendersonii populations by impacting sites are on private land, and that in browsing, and pollution. seedling recruitment into a population British Columbia only one population through the reduction or elimination of out of the 27 known sites is protected Changes to the Estuarine Habitat perfect flowers. The petition cites the (NPSO 2003). The petition states that estuarine following information to support these While many Sidalcea hendersonii habitats are susceptible to flooding, claims. sites are not protected, several sites are siltation, storm surges, battering by Two species of curculionid beetles managed in a manner beneficial to the driftwood, and long-term changes in sea (weevils), Macrorhoptus sidalcea species. As stated in the petition, Cox level. The petitioner cites the threat of Sleeper and Anthonomus Island receives active weed management these events within estuarine habitat to melancholicus Dietz, are known to control and protection under TNC Sidalcea hendersonii, and provides the parasitize the flowers of Sidalcea (Pickering 2000). Sidalcea hendersonii following information to support this hendersonii in British Columbia. In was recently introduced to the Siletz claim. Dr. R. Frenkel from Oregon State populations where female plants were Bay National Wildlife Refuge on U.S. University (NPSO 2003) states that abundant, weevil larvae destroyed Fish and Wildlife Service property in ‘‘complicating the distribution of S.

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hendersonii is the accumulation of Other Threats (2006) concluded that the ‘‘overall vigor storm driven debris from massive debris Succession, grazing and browsing by of the populations remains high, and the deposition. To survive, the plant deer, road maintenance, and pollution existing threats are not pushing the population in this zone must migrate are threats listed either in the petition species into rapid decline in bayward. For plants like S. hendersonii, and its appendices. While discussion of Washington.’’ Based on the preceding with a vulnerable reproductive strategy, these topics was not provided in the discussion, we do not believe that life is particularly hazardous.’’ Glenn petition, road maintenance was cited as petitioner’s new information presents Miller from the Oregon Department of a particular threat to populations substantial scientific information Agriculture (NPSO 2003) has stated that adjacent to roads and highways in indicating that natural or manmade S. hendersonii has disappeared in the Washington (see survey data in WNHP factors threaten the species’ continued Umpqua River estuary partly due to 2005). In Alaska, succession was a existence. ‘‘silt events during floods.’’ Siltation threat to the single population located events were cited as a threat at two of near Sitka spruce (Picea sitchensis) in Finding the ten sites surveyed by NPSO in the upper beach meadow, which was We have reviewed the petition and Oregon (2003). However, aside from described as undergoing relatively rapid literature cited in the petition, and these two citations, the petition does not changes toward forested successional evaluated that information in relation to stage (Stensvold 2005). provide specific information on the other pertinent literature and Based on the foregoing discussion, we threat of natural estuarine processes or information available in our files. Based sea-level changes in other portions of do not believe that the petition has presented substantial scientific on the current status of the species, our the S. hendersonii’s range. In threats analysis, and a lack of Washington, no direct damage from information relating the changes in geographic range and abundance of the information suggesting that the species storm or flooding events was apparent at is threatened in a significant portion of survey sites (WNHP 2005). species to the actual threats to the survival of the species. We also do not its range, we find the petition does not Breeding System believe that the petition indicates that present substantial information natural or manmade factors threaten the indicating that listing of Sidalcea Sidalcea hendersonii is a continued existence of Sidalcea hendersonii may be warranted at this gynodioecious species, which means hendersonii throughout all or a time. While we will not be initiating a that the plants have either perfect significant portion of the species’ range. status review in response to the petition, flowers (male and female) or pistillate Consequently, we conclude that the we will continue to work with others to (female) flowers. The petition claims petitioner does not present substantial monitor the species’ status and trends that under this breeding system, three information indicating that a reduction and we encourage interested parties to scenarios are likely to occur including in the species’ numbers or range continue to provide us with information (1) If numbers of female-only plants warrants a status review. that will assist with the conservation of become low, cross pollination would the species. If you wish to provide become rare and inbreeding depression Additional Information Provided by Petitioner information regarding S. hendersonii, would occur; (2) if numbers of plants you may submit your information or (especially female) become low, The additional information we materials to the Field Supervisor, received on January 17, 2006, from the recruitment would be negatively Portland Fish and Wildlife Office (see petitioner in support of the petitioned impacted as female plants produce the ADDRESSES section above). most seeds, and (3) if perfect-flowered action claims that 90 percent of the plants become scarce, this would Sidalcea hendersonii populations in References Cited destroy the pollen source and prevent Oregon and 54 percent of the sexual reproduction. The only evidence populations in Washington have been A complete list of all references cited that the petition provided to support lost, and provides statements about herein is available, upon request, from these claims was the presence of two perceived threats to 23 extant our Oregon Fish and Wildlife Office (see small populations in the Siuslaw River populations in Washington. Although as ADDRESSES section above). many as nine populations have estuary comprising 98 percent and 100 Author percent females. One of these disappeared in Oregon, two extant and populations did not produce any seeds two introduced populations are located The primary author of this notice is in 2003 (NPSO 2003). The petition does in the state, for a net loss of six Liz Kelly, U.S. Fish and Wildlife not provide specific information on the locations. In Washington there is a total Service, Newport Field Office (see threat of low populations of either of 47 historic and current sites, of which ADDRESSES section above). female or perfect flowers in other 27 sites were surveyed between 2002 and 2005, and based on these surveys 23 Authority portions of the S. hendersonii’s range. populations were found. As many as 9 Poor recruitment of individuals is of the remaining 20 unsurveyed sites The authority for this action is section likely a threat locally where populations may have existing populations. 4 of the Endangered Species Act of are low; however, no information exists Therefore, we do not agree that 54 1973, as amended (16 U.S.C. 1531 et to suggest this is a current threat to the percent of the populations in seq.). species rangewide, or in a significant Washington have been lost. Although Dated: February 6, 2006. portion of the range. While the claims the 2002–2005 surveys were not H. Dale Hall, regarding inbreeding depression and comprehensive, the species appears to Director, Fish and Wildlife Service. scarcity of perfect-flowered plants are be ‘‘abundant in numerous well- conceivable, no information exists to distributed locations within [FR Doc. E6–2206 Filed 2–15–06; 8:45 am] suggest this is a current threat to the Washington’’ (WNHP 2006). After BILLING CODE 4310–55–P species rangewide or in a significant reviewing the NPSO’s list of specific portion of the range. threats to S. hendersonii, the WNHP

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