6498 Federal Register / Vol. 68, No. 26 / Friday, February 7, 2003 / Notices

brasilianum cactorum), Sonoran ACTION: Notice of 12-month petition their range, and to designate critical pronghorn (Antilocapra americana finding. habitat. On June 13, 2000, we published sonoriensis), and Mount Graham red a 90-day finding for these two species in squirrel (Tamiasciurus hudsonicus SUMMARY: We, the Fish and Wildlife the Federal Register (65 FR 37108). We grahamensis) within Arizona; Yuma Service (Service), announce a 12-month found that the petitions presented clapper rail (Rallus longirostris finding for a petition to list substantial information indicating that yumanensis) within Arizona and lepidus var. ashlandensis (Mount listing may be warranted. At that time, ; lesser long-nosed bat Ashland lupine), and Horkelia we initiated a review of the species’ (Leptonycteris curasoae yerbabuenae) hendersonii (Henderson’s horkelia), in status within their historical range. This within Arizona and New Mexico; accordance with the Endangered 12-month finding has been made in Mexican long-nosed bat (Leptonycteris Species Act of 1973, as amended. After accordance with the judicially approved nivalis) within New Mexico and Texas; reviewing the best available scientific settlement agreement requiring us to and southwestern willow flycatcher and commercial information available, submit a final listing decision on these (Empidonax traillii extimus) within we find that the petitioned action is not species to the Federal Register by Arizona, California, New Mexico, Texas, warranted. We ask the public to submit February 1, 2003 (Sierra Club v. Norton and Utah. to us any new information that becomes et al. (Civ. No. 01–1804–BR)). available concerning the status of or Lupinus lepidus var. ashlandensis is Permit No. TE–066229 threats to these species. This an erect, perennial herb within the Applicant: Whitenton Group, San information will help us monitor and family. It forms clumps 15 to Marcos, Texas. encourage the conservation of these 20 centimeters (cm) (5.9 to 7.9 inches Applicant request a new permit for species. (in)) in diameter. are 7 to 12 cm research and recovery purposes to DATES: The finding announced in this (2.8 to 4.7 in) tall with leaves palmately conduct presence/absence surveys for document was made on January 26, compound with 5 to 7 leaflets that are the following species within Texas: 2003. Comments and information may up to 3 cm (1.2 in) long. Leaves are Golden-cheeked warbler (Dendroica be submitted to us until further notice. numerous and crowded from the basal chrysoparia), black-capped vireo (Vireo You may submit new information crown, with pubescent (hairy) atricapillus), piping plover (Charadrius concerning these species for our undersurfaces and glabrous (hairless) melodus), red-cockaded woodpecker consideration at any time. upper sides. Flowers are blue with (Picoides borealis), northern aplomado ADDRESSES: You may send data, petals about 11 millimeters (mm) (0.43 falcon (Falco femoralis septentrionalis), information, or questions concerning in) long. The banner (upper petal) is fountain darter (Etheostoma fonticola), the finding to the Field Supervisor, glabrous and the keel (lower petal) San Marcos gambusia (Gambusia Oregon Fish and Wildlife Office, 2600 ciliate (with sparse hairs) on the margin georgei), ocelot (Leopardus pardalis), SE. 98th Avenue, Suite 100, Portland, (Meinke 1982). Lupinus lepidus var. ashlandensis jaguarundi (Herpailurus yagouaroundi Oregon 97266. You may inspect the occurs as a single population of cacomitli), Barton Springs salamander petition, administrative finding, approximately 35,000 plants on the (Eurycea sosorum), bonytail chub (Gila supporting information, and comments elegans), Texas blind salamander summit and western ridge of Mount received, by appointment, during Ashland within Oregon. The entire (Typhlomolge rathbuni), and Houston normal business hours, at the above toad (Bufo houstonensis). population is located in an area of about address. 30 hectares (ha) (74 acres (ac)), with two Permit No. TE–037155 FOR FURTHER INFORMATION CONTACT: thirds of the known population on the Applicant: BIO–WEST, Logan, Utah. Kathy L. Pendergrass, at the above ridge-line within 0.4 kilometers (0.25 Applicant requests an amendment to address (telephone 503/231–6179; miles) of the summit of Mount Ashland an existing permit to allow surveys for facsimile 503/231–6195). (Rolle 1993). The plants occur in four and collection of Colorado pikeminnow SUPPLEMENTARY INFORMATION: discontinuous patches within this 30 ha (74 ac) area. Much of the habitat that (Ptychocheilus lucius) and razorback Background sucker (Xyrauchen texanus) within New Lupinus lepidus var. ashlandensis Section 4(b)(3)(B) of the Endangered Mexico, Colorado, and Utah. occurs in are brush fields or clumps of Species Act of 1973, as amended (Act) brush, and is not suitable habitat. It is Susan MacMullin, (16 U.S.C. 1531 et seq.), requires that, estimated that less than 60 percent or Acting Assistant Regional Director, Ecological for any petition to revise the List of approximately 17 ha (42 ac) is actually Services, Region 2, Albuquerque, New Threatened and Endangered Species occupied by Lupinus lepidus var. Mexico. containing substantial scientific or ashlandensis. [FR Doc. 03–2993 Filed 2–6–03; 8:45 am] commercial information that listing may Horkelia hendersonii, a member of the BILLING CODE 4310–55–P be warranted, we make a finding within rose family (Family Rosaceae), is a 12 months of the date of receipt of the perennial herb with several stems petition on whether the petition action arising from a branching, woody crown, DEPARTMENT OF THE INTERIOR is: (a) Not warranted, (b) warranted, or approximately 1 to 1.5 decimeters (3.9 (c) warranted but precluded by other to 5.9 in) high (Abrams 1941; Keck Fish and Wildlife Service pending proposals. Such 12-month 1938). Leaves are silky and 4 to 6 cm Endangered and Threatened Wildlife findings are to be published promptly in (1.6 to 3.3 in) long with 11 to 19 leaflets and Plants; Notice of 12-month Finding the Federal Register. arranged pinnately (Meinke 1982). on a Petition to List Mount Ashland We received two separate petitions, Flowers are white to pink with petals 4 Lupine (Lupinus lepidus var. both dated September 9, 1999, from the mm (0.16 in) long in a somewhat ashlandensis) and Henderson’s Rogue Group Sierra Club to list Lupinus clustered terminal (grouped at the tip of Horkelia (Horkelia hendersonii) aridus spp. ashlandensis (Mount the stems) inflorescence (Peck 1961). Ashland lupine) and Horkelia This is one of approximately eight AGENCY: Fish and Wildlife Service, hendersonii (Henderson’s horkelia) as Oregon species of the genus Horkelia. Interior. endangered or threatened throughout Horkelia hendersonii is distinguished

VerDate Jan<31>2003 18:41 Feb 06, 2003 Jkt 200001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\07FEN1.SGM 07FEN1 Federal Register / Vol. 68, No. 26 / Friday, February 7, 2003 / Notices 6499

from similar species by entire or simple scientific studies that detailed effects to conditions of these sites, and that non- cleft leaf stipules (leaflet structure at the alpine vegetation by ski activities. Thus, native plants adapted for these base of the leaf stem) and densely long- these impacts are unknown. If changes conditions have not been introduced. silky hairs on the leaves and stems. It is in environmental conditions occurred in Although mountaintop developments the only alpine horkelia in Oregon the past as a result of these activities, it constructed years ago resulted in some having dense silky, non-glandular (non- is unknown whether the effects were habitat and individual plant loss, there sticky) hairs. detrimental, beneficial, or neutral to have been few other such developments Horkelia hendersonii is estimated to Lupinus lepidus var. ashlandensis and since. Only one new mountaintop be approximately 32,307 individuals, Horkelia hendersonii individuals development is currently proposed, to occupying a total of 86.6 ha (214 ac), (Forest Service 2000). replace an outdated underground power with four main population centers in Although initial road developments cable that supplies electricity to weather Oregon and one small population in constructed years ago resulted in some and telecommunications facilities at the California. The two species co-occur on habitat and individual plant loss, no summit of Mount Ashland (Forest the top of Mount Ashland. current proposals call for expansion of Service 2002). The Forest Service According to the petitions, the Mount existing roads or new road construction. proposes that, in order to reduce Ashland populations of both species are Cutbanks and new drainage patterns impacts to the populations, the cable threatened by the existing use and created by the summit road on Mount installation should occur within the potential expansion of ski area facilities, Ashland have started gullies, which existing compacted roadbed, instead of roads, mountaintop facilities, and may reduce soil moisture retention, where it presently occurs. With this summer recreation. Additional threats thereby reducing habitat for both alternative, the project would intersect identified in the Horkelia hendersonii species (Kagan and Zika 1987a, b; Zika only a small portion of habitat and petition included grazing, mining, 1987). During October 2002, the Forest result in the loss of just a few plants of firebreak construction, off-road vehicles, Service started actions to improve both Lupinus lepidus var. ashlandensis and logging. drainage patterns of the existing road on and Horkelia hendersonii. No additional Current recreational ski activities Mount Ashland to ameliorate these mountaintop developments are planned occur over about 3.4 ha (8.5 ac) or potential gully impacts (W. Rolle, Forest in the foreseeable future. Threats approximately 12 percent of the area Service, in litt., 2002). The threat of associated with the maintenance of where these species occur at Mount gully formation associated with roads is these facilities are generally low in Ashland. These operations have much less at the Dutchman Peak/ magnitude and are not thought to occurred over this occupied habitat for Jackson Gap, and is unknown for the comprise a threat to either species or about four decades with no observable Dry Lake Lookout site. Forest Service their habitat. changes in population distribution or personnel are to evaluate sites that Relatively small areas (3 to 4 percent) numbers. A ski expansion proposed at contain or are adjacent to roads for this of the total population areas are Mount Ashland is expected to increase potential impact on an annual basis, currently being impacted as a result of the number of skiers in occupied with the intent to implementing actions trampling and soil compaction from habitat. On the basis of information to reduce road impacts (Service and summer recreational activities. Actions provided in the U.S. Forest Service’s Forest Service 2002). Since no new road currently being implemented by the (Forest Service) (2000) draft construction or widening are presently Forest Service to reduce these impacts environmental impact statement (DEIS), planned in areas where Lupinus lepidus include the placement of barriers to we believe that additional skier use as var. ashlandensis and Horkelia delineate parking areas, enforcement of a result of the expansion of the ski area hendersonii occur, and because the off-road vehicle restrictions, signing and on Mount Ashland would not Forest Service is currently working to environmental education, camping significantly destroy, modify, or curtail ameliorate habitat threats as a result of closures, and limitations on special use either species’ habitat or range. We base the current road at Mount Ashland, we permits (limits on size and number of this on the fact that the plants are do not consider road construction and gatherings) (Service and Forest Service dormant and insulated by a layer of maintenance to be a significant current 2002). These efforts are expected to snow during the winter period of use. threat to these species. contain summer recreational impacts to Also, mitigation measures contained in An existing off-road vehicle track these small areas occupied by Lupinus a recently signed conservation leading west from the Mount Ashland lepidus var. ashlandensis and Horkelia agreement (CA) are expected to summit access road at the first hendersonii (W. Rolle, in litt., 2002). ameliorate impacts from the ski switchback has been reported to be a Since summer recreation threats are expansion. potential avenue for the introduction of currently very limited in extent and The petitioners expressed concern roadside weeds into the meadow and overall magnitude, and the Forest that activities associated with the flat area that supports a sizeable Service is actively managing to reduce proposed ski expansion may increase population of Horkelia hendersonii and these threats, summer recreation is not the pressure of the snowpack on a small population of Lupinus lepidus currently thought to be a significant dormant Lupinus lepidus var. var. ashlandensis (Kagan and Zika threat to the species or their habitat. ashlandensis and Horkelia hendersonii 1987a; Zika 1987). However, this Cattle grazing is not permitted in the root crowns, change the longevity of the potential impact is not yet evident. Ashland Watershed or on any part of snow pack, or otherwise affect the Though a few non-natives are present, Mount Ashland; thus, no legal grazing is environment and habitat that currently they are either not expanding or are affecting Lupinus lepidus var. support these two species in this area of fairly ephemeral (transient) components ashlandensis or the Mount Ashland impact. There have been no studies to of the plant communities. Unlike many population of Horkelia hendersonii. date that we are aware of to determine other plant communities, non-native There are no proposals to permit grazing if skiing activities affect Lupinus lepidus species are generally not increasing in in this area in the future. Although var. ashlandensis and Horkelia areas inhabited by Lupinus lepidus var. cattle occasionally wander into these hendersonii or their habitat underneath ashlandensis or Horkelia hendersonii. species’ population areas, their presence the snowpack. Also, the petitioners did The lack of establishment by these non- is transitory and does not appear to not present any information on natives is likely due to the harsh alpine affect Lupinus lepidus var. ashlandensis

VerDate Jan<31>2003 16:50 Feb 06, 2003 Jkt 200001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\07FEN1.SGM 07FEN1 6500 Federal Register / Vol. 68, No. 26 / Friday, February 7, 2003 / Notices

or Horkelia hendersonii individuals or management has been at least minimally encourage the conservation of these alter habitat. A few Horkelia successful in achieving this objective. species. hendersonii plants have been observed The Forest Service and the Service References Cited with herbivore damage (Kagan and Zika have developed a CA for both species 1987b), but there is no direct evidence across their ranges. This effort was A complete list of all references cited that either species is utilized as a forage initiated in 1995 as a cooperative herein is available upon request from plant for cattle or wildlife, nor does agreement with the Oregon Natural the State Supervisor, Oregon Fish and either species grow with livestock- Heritage Program to develop Wildlife Office (see ADDRESSES section). preferred forage plants. All of the conservation agreements for selected Author(s) Horkelia hendersonii occurrences high priority candidate species. The outside of the Mount Ashland area are management goal of the CA is to The authors of this document are in active range allotments. The dry maintain stable or increasing Andy Robinson, Brendan White, and Horkelia hendersonii habitat does not populations of Lupinus lepidus var. Kathy Pendergrass, U.S. Fish and produce much forage and is not near ashlandensis and Horkelia hendersonii Wildlife Service, Oregon Fish and water. Hence, livestock use is currently across their known ranges. This CA is to Wildlife Office (see ADDRESSES section). light on most of these areas and does not remain in effect in perpetuity. Authority appear to affect Horkelia hendersonii Development of the CA was based on plants. our draft Policy for Evaluation of The authority for this action is the There are no proposals to conduct Conservation Efforts (PECE policy) (65 Endangered Species Act (16 U.S.C. 1531 mining in any of the areas where either FR 37102). The conservation efforts that et seq.). species occurs, and the potential of the parties have agreed to are identified in the CA, along with details indicating Dated: January 26, 2003. firebreak construction is considered to Steve Williams, be low. Logging is not thought to anticipated staffing, funding levels and Director, Fish and Wildlife Service. threaten either species as both are source, and other resources necessary to alpine plants found in non-forested implement projects to protect and [FR Doc. 03–3019 Filed 2–6–03; 8:45 am] habitats. monitor the species. BILLING CODE 4310–55–P Overall, threats to these species and Neither Lupinus lepidus var. their habitat are generally low in ashlandensis or Horkelia hendersonii magnitude. The trampling of habitat and DEPARTMENT OF THE INTERIOR has any known commercial, sporting, or individual plants, and soil compaction, scientific uses at this time. There are no both associated with summer activities, Fish and Wildlife Service identified pests or pathogens that are occurring in only small areas of Endangered and Threatened Wildlife appear to be serious threats to either occupied habitat. Under the CA, the and Plants; 90-day Finding on a species. No other natural or manmade Forest Service is implementing actions Petition To List the Western Sage mechanisms are known to effect either to reduce or remove any remaining Lupinus lepidus var. ashlandensis or impacts to these species and their Grouse Horkelia hendersonii or their habitat. habitat. Lupinus lepidus var. ashlandensis is a AGENCY: Fish and Wildlife Service, candidate for listing as an endangered Finding Interior. species under the Oregon Endangered We have reviewed the petition, the ACTION: Notice of 90-day petition Species Act (OESA), while Horkelia literature cited in the petition, other finding. hendersonii has no State status in either available literature and information, and Oregon or California. Neither species consulted with biologists and SUMMARY: We, the U.S. Fish and receives protection under the OESA. researchers familiar with Lupinus Wildlife Service (Service), announce a Lupinus lepidus var. ashlandensis is aridus spp. ashlandensis and Horkelia 90-day finding on a petition to list the considered a sensitive species in Region hendersonii. On the basis of the best western sage grouse (Centrocercus 6 of the Forest Service, and Horkelia scientific and commercial information urophasianus phaios) under the hendersonii is a considered a sensitive available, we find the petitioned action Endangered Species Act of 1973, as species in both Regions 5 and 6 of the is not warranted. We find that the amended. We find that the petition does Forest Service. Forest Service policies overall imminence and magnitude of not present substantial scientific or for sensitive species discourage or threats to Lupinus lepidus var. commercial information indicating that prohibit activities that would increase ashlandensis and Horkelia hendersonii listing this subspecies may be the need for Federal listing under the is relatively low. Both species occur warranted, on the basis of our Act. The Oregon Natural Heritage exclusively on lands managed by the determination that there is insufficient Program prepared management Forest Service, and their distribution evidence to indicate that the western guidelines for Lupinus lepidus var. has historically been limited. The population of sage grouse is a valid ashlandensis and Horkelia hendersonii population distributions and numbers subspecies or a Distinct Population under contract for the Forest Service in are thought to relate closely to their Segment (DPS). We will not be initiating 1987. The Forest Service began the original extents. a further status review in response to monitoring of both these species per this We will continue to monitor the this petition. We ask the public to guidance, and the populations at Mount status of these species. Should an submit to us any new information that Ashland appear to be stable. The emergency situation develop with one becomes available concerning the status primary objective of the management or both of these species, we will act to of or threats to the western population guidance was to maintain or increase provide immediate protection, if of sage grouse. This information will population numbers of these species warranted. We ask the public to submit help us monitor and encourage the and protect habitat. Since few new to us any new information that becomes conservation of this species. disturbances have occurred in occupied available concerning the status of or DATES: The finding announced in this habitats, and the monitored populations threats to these species. This document was made on January 26, appear to be stable, Forest Service information will help us monitor and 2003. You may submit new information

VerDate Jan<31>2003 16:50 Feb 06, 2003 Jkt 200001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\07FEN1.SGM 07FEN1