Thursday, October 8, 2009

Part IV

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing Lepidium papilliferum (Slickspot Peppergrass) as a Threatened Species Throughout Its Range; Final Rule

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DEPARTMENT OF THE INTERIOR Background best available data at the time provided Lepidium papilliferum is a small, no evidence indicating that this Fish and Wildlife Service flowering plant in the mustard family degradation was impacting L. (Brassicaceae). The plant grows in papilliferum within its slickspot 50 CFR Part 17 unique microsite habitats known as microsites. Furthermore, we concluded slickspots, which are found within the that, although we found that abundance [RIN 1018-AW34] semiarid sagebrush-steppe ecosystem of on the Idaho Army National Guard’s southwestern Idaho. The species is Orchard Training Area (OTA) had [FWS-R1-ES-2008-0096] endemic to this region, known only decreased in recent years, the observed from the Snake River Plain and its rangewide fluctuations in population [MO 922105-0008-B2] adjacent northern foothills (an area numbers appeared to be consistent with approximately 90 by 25 miles (mi) (145 varying levels of spring rainfall, as Endangered and Threatened Wildlife by 40 kilometers (km)), or 2,250 square expected. On April 6, 2007, Western and Plants; Listing Lepidium miles (mi2) (5,800 square kilometers Watersheds Project filed a lawsuit papilliferum (Slickspot Peppergrass) (km2)), with a smaller disjunct challenging our decision to withdraw as a Threatened Species Throughout population on the Owyhee Plateau (an the proposed rule to list L. papilliferum. Its Range area of approximately 11 by 12 mi (18 On June 4, 2008, the U.S. District Court for the District of Idaho (Court) reversed AGENCY: Fish and Wildlife Service, by 19 km), or 132 mi2 (342 km2). The the decision to withdraw the proposed Interior. restricted distribution of L. papilliferum rule, with directions that the case be ACTION: Final rule. is likely due to its adaptation to the specific conditions within these remanded to the Service for further SUMMARY: We, the U.S. Fish and slickspot habitats. The absence of all consideration consistent with the Wildlife Service (Service), determine perennial plant species from these sites Court’s opinion (Western Watersheds that Lepidium papilliferum (slickspot likewise demonstrates the specialization Project v. Kempthorne, Case No. CV 07- peppergrass), a plant species from of L. papilliferum persisting in the 161-E-MHW (D. Idaho)). After issuance of the Court’s remand southwest Idaho, is a threatened species unique conditions provided by order, we published a public under the Endangered Species Act of slickspots (Fisher et al. 1996, p. 16). The notification of the reinstatement of our 1973, as amended (Act). This final rule primary threat to L. papilliferum (as July 15, 2002, proposed rule to list implements the Federal protections described under The Present or Lepidium papilliferum as endangered provided by the Act for this species. We Threatened Destruction, Modification, and announced the reopening of a have determined that critical habitat for or Curtailment of Its Habitat or Range, public comment period on September L. papilliferum is prudent but not below) is the present or threatened 19, 2008 (73 FR 54345). The initial determinable at this time. destruction, modification, or curtailment of its habitat and range due comment period closed on October 20, DATES: This rule becomes effective 2008. After the close of the comment December 7, 2009. The effective date to the increased frequency and extent of wildfires under a wildfire regime period, new information became has been extended to 60 days after available that was relevant to our publication in the Federal Register to modified and exacerbated by the spread of invasive nonnative plants, evaluation. Much of this information allow the U.S. Bureau of Land was contained in reports based on Management (BLM) to finish conferring particularly nonnative annual grasses such as Bromus tectorum (cheatgrass). several independent analyses of the with the Service under section 7(a)(4) of available information regarding L. the Act on the BLM’s issuance of In addition, even under conservative projections of the consequences of papilliferum population trends on the grazing permits within the range of OTA in southwest Idaho, the rangewide Lepidium papilliferum. future climate change, the threats posed by wildfire and the invasion of B. Habitat Integrity and Population (HIP) ADDRESSES: This final rule is available tectorum are expected to further monitoring, and a recent analysis of L. on the Internet at http:// increase within the foreseeable future. papilliferum data collected on the www.regulations.gov and also at http:// Other threats to the species include Inside Desert (Owyhee Plateau) from www.fws.gov/idaho. Comments and competition and displacement by 2000 to 2002. To ensure that our review materials received, as well as supporting nonnative plant species, development, of the species’ status was complete, we documentation used in the preparation potential seed predation by harvester announced another reopening of the of this rule, will be available for public ants, and habitat fragmentation and comment period on March 17, 2009, for inspection, by appointment, during isolation of small populations. a period of 30 days (74 FR 11342). We normal business hours at: U.S. Fish and posted several documents on http:// Wildlife Service, Idaho Fish and Previous Federal Actions www.regulations.gov for public review Wildlife Office, 1387 S. Vinnell Way, On July 15, 2002, we proposed to list and comment, including the additional Room 368, Boise, ID 83709; by Lepidium papilliferum as endangered information and statistical analyses we telephone at 208-378-5243; by facsimile (67 FR 46441). On January 12, 2007, we received after the January 2007 at 208-378-5262. published a document in the Federal withdrawal notice (72 FR 1622; January FOR FURTHER INFORMATION CONTACT: Jeff Register withdrawing that proposed rule 12, 2007). A summary of the comments Foss, Field Supervisor, at above address, (72 FR 1622). For a description of we received and our responses is telephone, and facsimile, or by Federal actions concerning L. provided in this document, following electronic mail at: papilliferum prior to the 2007 our finding. [email protected]. Persons who withdrawal, please refer to that 2007 Species Information use a telecommunications device for the withdrawal document. The withdrawal deaf (TDD) may call the Federal of the proposal to list L. papilliferum Description Information Relay Service (FIRS) at 800- was based on our conclusion that, while Lepidium papilliferum is an 877-8339. its sagebrush-steppe matrix habitat is intricately branched, tap-rooted plant, SUPPLEMENTARY INFORMATION: becoming increasingly degraded, the averaging 2 to 8 inches (in) (5 to 20

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centimeters (cm)) high, but occasionally that the reproductive strategy of L. approximately 6 percent of the initially reaching up to 16 in (40 cm) in height. papilliferum is a plastic response, viable seeds produced in a given year Leaves and stems are covered with fine, meaning that larger plants will flower germinate annually (Meyer et al. 2005, soft hairs, and the leaves are divided and produce seed in their first season, pp. 17, 18). When combined with an into linear segments. Flowers are whereas smaller plants that stand less average annual 3 percent loss of seed numerous, 0.1 in (3 to 4 millimeters chance of successfully setting seed in viability, approximately 9 percent of the (mm)) in diameter, white, and four their first season will delay original seed cohort per year is lost after petalled. Fruits (siliques) are 0.1 in (3 to reproduction until the following year. the first year. Thus, after 12 years, all 4 mm) across, round in outline, The biennial life form is thus seeds in a given cohort will likely have flattened, and two-seeded (Moseley maintained, despite the higher risk of either died or germinated, resulting in a 1994, pp. 3, 4; Holmgren et al. 2005, p. mortality. maximum estimated longevity of 12 260). The species is monocarpic (it Like many short-lived plants growing years for seeds in the seed bank (Meyer flowers once and then dies) and in arid environments, above-ground et al. 2005, p. 18). displays two different life history numbers of Lepidium papilliferum Billinge and Robertson (2008, pp. strategies—an annual form and a individuals can fluctuate widely from 1005-1006) report that both small and biennial form. The annual form one year to the next, depending on large Lepidium papilliferum reproduces by flowering and setting seasonal precipitation patterns populations share similar spatial seed in its first year, and dies within (Mancuso and Moseley 1998, p. 1; structure, and that spatial structuring one growing season. The biennial life Meyer et al. 2005, pp. 4, 12, 15; Palazzo within its unique microsite slickspot form initiates growth in the first year as et al. 2005, p. 9; Menke and Kaye 2006a, habitats suggests that both pollen a vegetative rosette, but does not flower p. 8; Menke and Kaye 2006b, pp. 10, 11; dispersal and seed dispersal are low for and produce seed until the second Sullivan and Nations 2009, p. 44). this species and occur over short growing season. Biennial rosettes must Mancuso and Moseley (1998, p. 1) note distances (Robertson et al. 2006a, p. 3; survive generally dry summer that sites with thousands of above- Billinge and Robertson 2008, pp. 1005- conditions, and consequently many of ground plants one year may have none 1006). Modeling of dispersal and seed the biennial rosettes die before the next, and vice versa. Above-ground dormancy characteristics of desert flowering and producing seed. The plants represent only a portion of the annual plants predicts that plants with number of prior-year rosettes is population; the seed bank (a reserve of long-range dispersal will have few positively correlated with the number of dormant seeds, generally found in the dormancy mechanisms and thus quick reproductive plants present the soil) contributes the other portion, and germination (Venable and Lawlor 1980, following year (ICDC 2008, p. 9; in many years constitutes the majority p. 272). Contrary to this prediction, Unnasch 2008, p. 14; Sullivan and of the population (Mancuso and however, L. papilliferum has delayed Nations 2009, p. 44). The proportion of Moseley 1998, p. 1). Seed banks are germination (Meyer et al. 2005, pp. 17- annuals versus biennials in a population adaptations for survival in a ‘‘risky 18), and, therefore, according to the can vary greatly (Meyer et al. 2005, p. environment,’’ because they buffer a model, may not disperse long distances. 15), but in general annuals appear to species from stochastic (random) The primary seed dispersal mechanism outnumber biennials (Moseley 1994, p. impacts, such as lack of soil moisture for L. papilliferum is not known 12). (Baskin and Baskin 2001, p. 160). (Robertson and Ulappa 2004, p. 1708), although viable seeds have been found Seed Viability and Germination Seed Production outside of slickspots, indicating that Depending on an individual plant’s The seeds of Lepidium papilliferum some seed dispersal is occurring beyond vigor, the effectiveness of its are found primarily within the slickspot slickspot habitat (Palazzo et al. 2005, p. pollination, and whether it is microsites where the plants are found 10). Additionally, beginning in mid- functioning as an annual or a biennial, (Meyer and Allen 2005, pp. 5, 6). July, entire dried-up biennial plants and each Lepidium papilliferum plant Slickspots, also known as mini-playas some larger annual plants have been produces varying numbers of seeds or natric (high sodium content) sites, are observed to break off at the base and are (Quinney 1998, pp. 15, 17). Biennial visually distinct openings in the blown by the wind (Stillman, pers. obs., plants normally produce many more sagebrush-steppe created by unusual as reported in Robertson et al. 2006b, p. seeds than annual plants (Meyer et al. soil conditions characterized by 44). This tumbleweed-like action may 2005, p. 15). Average seed output for significantly greater sodium and clay have historically resulted in occasional annual plants at the OTA (an Idaho content relative to the surrounding area long-distance seed dispersal (Robertson Army National Guard (IDARNG) (Moseley 1994, p. 7). The vast majority et al. 2006b, p. 44). Ants are not training area on BLM land) was 125 of L. papilliferum seeds in slickspots considered to be a likely disperser seeds per plant in 1993 and 46 seeds per have been located near the soil surface, despite harvesting an average of 32 plant in 1994. In contrast, seed with lower numbers of seeds located in percent of fruits across six sites production of biennials at this site in deeper soils (Meyer et al. 2005, p. 19; (Robertson and White 2007, p. 11). 1993 and 1994 averaged 787 and 105 Palazzo et al. 2005, p. 3). Lepidium Lepidium papilliferum seeds located seeds per plant, respectively (Meyer et papilliferum seeds have been found in near the soil surface show higher rates al. 2005, p. 16). Based on data collected slickspots even if no above-ground of germination and viability (Meyer and from a 4–year demography study on the plants are present (Meyer et al. 2005, p. Allen 2005, pp. 6-8; Palazzo et al. 2005, OTA, survivorship of the annual form of 22; Palazzo et al. 2005, p. 10). When p. 10) and the greatest seedling L. papilliferum was demonstrated to be above-ground plants are present, emergence success rate (Meyer and higher than survivorship of biennials flowering usually takes place in late Allen 2005, pp. 6-8). Viable seeds were (Meyer et al. 2005, p. 16). For example, April and May, fruit set occurs in June, more abundant and had greater of the 4,065 plants counted in spring of and the seeds are released in late June germination rates from the upper 2 in (5 1993, a total of 2,503 survived to fruit or early July. Seeds produced in a given cm) of soil (Palazzo et al. 2005, pp. 8, as annuals, while only 85 survived to year are dormant for at least a year 10), while Meyer and Allen (2005, pp. fruit as biennials in spring of 1994. before any germination takes place. 6-8) observed the upper 0.08 in (2 mm) Meyer et al. (2005, p. 21) hypothesize Following this year of dormancy, optimal for germination. Deep burial of

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L. papilliferum seeds (average depths papilliferum flowering at a site travel or that seed dispersal can occur. greater than 5.5 in (14 cm)) can entomb (Robertson and Hannon 2003, p. 8). Sites in the Snake River Plain with viable seeds and may preserve them Measurement of fruit set per visit fewer numbers of plants (16 to 746 beyond the 12–year period previously revealed considerable variability in the flowering individuals) had less genetic assumed as the maximum period of effectiveness of pollination by different diversity than sites with larger numbers viability for L. papilliferum seeds types of insects, ranging from 0 percent of plants (more than 3,000 flowering (Meyer and Allen 2005, pp. 6, 9). in dermestid beetles to 85 percent in individuals) (Robertson et al. 2006b, p. However, seeds buried at such depth, honeybees (Robertson et al. 2006b, p. 42; Billinge and Robertson 2008, p. even if they remain viable, are unlikely 15). 1006), although this correlation between to regain the surface for successful population size and genetic diversity Genetics germination. The effects of was not evident in the Owyhee Plateau environmental factors such as wildfire The majority of species in the genus region (Stillman et al. 2005, p. 9; on L. papilliferum seed dormancy and Lepidium have a base chromosome Robertson et al. 2006b, p. 41). The viability are currently unknown, count of eight (Mummenhoff et al. 2001, lowest values for average number of although L. papilliferum abundance is p. 2051). Chromosome numbers for alleles per locus were detected in two of reduced in burned areas (see discussion pollen mother cells in L. papilliferum the smallest populations (Seaman’s of Wildfire under Summary of Factors ranged from 15 to 17 (n = 15.96 ± 0.16; Gulch in the Boise Foothills region and Affecting the Species). Table 3; Figure 3), confirming that the Orchard in the Snake River Plain plant is a tetraploid (has four sets of region); in contrast, the largest number Pollination homologous chromosomes, as opposed of alleles per locus was detected in the Lepidium papilliferum is primarily an to the more usual set of two) (Robertson second largest population (Kuna Butte outcrossing species requiring pollen et al. 2006b, p. 38). SW in the Snake River Plain) (Robertson from separate plants for more successful The genetics of Lepidium papilliferum et al. 2006b, Table 4). Larson et al. fruit production and has a low seed set have been studied using samples (2006, p. 14 and Fig. 4) also found in the absence of insect pollinators collected from areas across the entire geographically well-defined populations (Robertson 2003a, p. 5; Robertson and range of the species (Stillman et al. of L. papilliferum between the Snake Klemash 2003, p. 339; Robertson and 2005, pp. 6, 8, 9; Larson et al. 2006, p. River Plain and Owyhee Plateau based Ulappa 2004, p. 1707; Billinge and 14 and Fig. 4; Smith et al. in press, pp. on genetics. In contrast to the Stillman Robertson 2008, pp. 1005-1006). 15-16). Genetic exchange can occur et al. (2005) study, Larson’s findings Lepidium papilliferum is able to self- either through pollen or seed dispersal. indicate the possibility of depressed pollinate; however, with a selfing rate Some researchers consider L. genetic diversity in L. papilliferum (rate of self-pollination) of 12 to 18 papilliferum to be closely related to L. based on significantly greater average percent (Billinge 2006, p. 40; Robertson montanum, and L. papilliferum was similarity coefficients within collection et al. 2006a, p. 40). In pollination originally described as L. montanum sites of L. papilliferum compared to experiments where researchers moved var. papilliferum in 1900 by Louis those of L. montanum (Larson et al. pollen from one plant to another, fruit Henderson. Results of genetic studies 2006, p. 13). production was observed to be higher comparing L. papilliferum with L. In summary, recent genetic studies with pollen from distant sources (4 to montanum indicate that L. papilliferum thus confirm that Lepidium papilliferum 12.4 mi (6.5 to 20 km) distance between forms a monophyletic group or is a full species distinct from L. patches of plants) compared to fruit subgroup that is genetically distinct montanum. The currently accepted production for plants pollinated with from L. montanum (Larson et al. 2006, taxonomy recognizes Lepidium pollen from plants within the same p. 13 and Figs. 4, 8; Smith 2006, pp. 5- papilliferum (Henderson) A. Nels. and patch (246 to 330 feet (ft) (75 to 100 7, Fig. 1). A more recent study J.F. Macbr. as a full species (Taxonomic meters (m)) distance within a plant examining the relationship between L. Serial No. 53383, Integrated Taxonomic patch) (Robertson and Ulappa 2004, p. montanum, L. papilliferum, and L Information System (ITIS), 2009). In 1705; Robertson et al. 2006a, p. 3). fremontii found that L. papilliferum is addition, populations of L. papilliferum Fruits produced from fertilized considered a sister taxa or closely in the Owyhee Plateau demonstrate flowers reach full size approximately 2 related to L. fremontii, a native mustard distinctive genetic differences from weeks after pollination (Robertson and of western North America (Smith et al. individuals in the Snake River Plain, Ulappa 2004, p. 1706). Each fruit in press, pp. 15-16). Both L. fremontii likely a reflection of the isolation of typically bears two seeds that drop to and L. papilliferum are morphologically these two populations due to limited the ground when the fruit dehisces and ecologically distinct from L. seed dispersal and the limited range of (splits open) in midsummer (Billinge montanum, and recent analyses reflect pollinators, resulting in little current and Robertson 2008, p. 1003). that both are monophyletic (organisms gene flow between them. Finally, there Known Lepidium papilliferum insect that share a common ancestor) with is some evidence that L. papilliferum pollinators include several families of apparently little gene flow between has reduced genetic variability relative bees (Hymenoptera), including Apidae, them and L. montanum (Smith et al. in to other native species of Lepidium, Halictidae, Sphecidae, and Vespidae; press, p. 18). such as L. montanum, and that smaller beetles (Coleoptera), including Some genetic differences have been populations of L. papilliferum have less Dermestidae, Meloidae, and Melyridae; observed between Lepidium genetic diversity than larger flies (Diptera), including Bombyliidae, papilliferum occurring on the Snake populations. Syrphidae, and Tachinidae; and others River Plain (now separated into the (Robertson and Klemash 2003, p. 336; Boise Foothills and Snake River Plain Monitoring of Lepidium papilliferum Robertson et al. 2006b, p. 6). Seed set regions) and the Owyhee Plateau. Plants Populations was not limited by the number of in the Snake River Plain and the There are several biological programs pollinators at any study site (Robertson Owyhee Plateau populations are designed to monitor populations of et al. 2004, p. 14). Studies have shown separated by a minimum of 44 mi (70 Lepidium papilliferum over time, and, a strong positive correlation between km), which is considered beyond the in some cases, its habitat as well. The insect diversity and the number of L. distance that insect pollinators can primary monitoring programs are

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described here to assist in section Element Occurrences record location information; (3) take understanding subsequent references to Rangewide. photographs; (4) measure population, them in this document. The Habitat Integrity Index (HII) habitat, and disturbance attributes at The Idaho Natural Heritage Program program conducted by the Idaho selected slickspots; (5) measure plant (INHP) uses element occurrences (EOs) Conservation Data Center (ICDC, now community attributes; and (6) analyze to broadly describe the distribution of the INHP) was the first rangewide effort and describe the results (Colket 2008, p. Lepidium papilliferum and assigns aimed at monitoring Lepidium 3). rankings to each EO based on measures papilliferum and its habitat. The HII was The INHP’s EO records and the HII– of habitat quality and species initiated in 1998 and ran for 5 years HIP monitoring programs cover the abundance. EOs of L. papilliferum are through 2002 (Mancuso and Moseley entire range of Lepidium papilliferum. defined by grouping occupied slickspots 1998; Mancuso et al. 1998; Mancuso In addition, monitoring that has that occur within 1 km (0.6 mi) of each 2000, 2001, 2002, 2003). Although 52 occurred within a subset of the species’ other; all occupied slickspots within a 1 transects were established over the range, on the Idaho Army National km (0.6 mi) distance of another years, a total of 17 transects were Guard’s Orchard Training Area (OTA), occupied slickspot are aggregated into a sampled during all years of HII provides particularly important single EO. The definition of a single EO monitoring (Mancuso 2003, p. 3); no information on the status of L. is based on the distance over which rangewide monitoring of L. papilliferum papilliferum due to the long-term nature individuals of L. papilliferum are was conducted in 2003. Monitoring was of the monitoring programs. The believed to be capable of genetic initially based on a system of transects sagebrush-steppe on the OTA is exchange through insect-mediated of varying lengths across the range of L. considered to be some of the highest- pollination (Colket and Robertson 2006). papilliferum, each subjectively located quality habitat remaining within the Due to the nature of their definition, to include 10 slickspots on sites known range of L. papilliferum, and the OTA is individual EOs may differ greatly in to contain L. papilliferum (summarized home to one of the largest and most size, based on whether there are many in Sullivan and Nations 2009, p. 33; see expansive EOs of the species (Sullivan occupied slickspots distributed widely Mancuso et al. 1998 for details). The and Nations 2009, p. 22). Two of the across the landscape relatively close to primary goal of the HII methodology OTA programs have been monitoring one another (which would comprise a was to assess the overall habitat the same locations annually (with a few single, large EO), or whether there are condition, including attributes exceptions) since the early 1990s, and associated with the slickspots and the hence provide up to 18 years of only a few (or even a single) slickspot(s) sagebrush-steppe habitat; L. population data for L. papilliferum. that occur close together but are papilliferum abundance was assessed These two monitoring programs are relatively isolated from other occupied categorically (assigned to a range of known as rough census areas and slickspots (which would comprise a values) in this program. special-use plots; both are conducted by single, small EO). In 2004, the HII was replaced by the staff or contractors of the OTA. Each EO is assigned a qualitative rank Habitat Integrity and Population (HIP) The methods of the rough census defined by population size and habitat monitoring protocol, also implemented monitoring areas are presented in quality; EO ranks are periodically by the ICDC. HIP monitoring has been Sullivan and Nations 2009 (pp. 28-29). updated when new ranking information conducted annually since its Briefly, the program began in 1990 by becomes available. Currently, no implementation, thus 5 years of HIP monitoring 5 areas but expanded to the Lepidium papilliferum EOs are ranked data are now available (through 2008) current total of 15 rough census areas by A, which is defined as an EO with (ICDC 2008, p. 2; State of Idaho 2008). 1994; the combined extent of the rough greater than 1,000 detectable above- The HIP protocol was designed to census areas on the OTA is 866.1 ac ground plants occurring in the best provide data more replicable and (350.5 ha). Counts are conducted by habitat and landscape quality. The specific to the monitoring required for technicians who walk across parallel habitat quality rank diminishes from the the Candidate Conservation Agreement transects 66 ft (20 m) apart and record highest of A to the lowest quality of D. (CCA) developed by the State of Idaho, the total number of Lepidium An E ranking signifies that at least one BLM, and others in 2003 (State of Idaho papilliferum individuals observed in plant was observed, but no abundance, et al. 2003). HIP presents measures of any occupied slickspots that are found; habitat, or landscape data are available habitat, disturbance, and plant reproductive status is not noted. The (Colket et al. 2006, p. 4). A rank of F community attributes at each transect as sizes of the 15 rough census areas differ, indicates the most recent survey failed well as counts of L. papilliferum rosettes ranging from 4.1 ac (1.7 ha) to 138.3 ac to find any L. papilliferum plants. A and reproductive plants observed (with (56.0 ha), and not all areas have been rank of H indicates L. papilliferum the exception of 2004, which still monitored in all years; thus, analyses of plants have not been documented at that utilized categorical assessments of plant the data must be standardized by location since 1970 based on old abundance). Similar to the HII protocol, transforming the raw count data to plant herbarium records with geographically HIP is based on transects of varying density (number of plants per unit area) vague location descriptions, such as a lengths subjectively located to include to account for these differences town name. A rank of X indicates L. 10 slickspots along their lengths (see (Sullivan and Nations 2009, p. 36). papilliferum plants had been extirpated Colket 2005 for details on the HIP Using density as the index of population from that EO, based on agricultural methodology); however, the HIP abundance instead of total counts also conversion, commercial or residential protocol includes a significantly greater allowed for the use of 18 years of rough development, or other documented number of rangewide transects, having census data, from 1990 through 2008 habitat destruction where L. increased from the original 70 (there were no counts in 1999), although papilliferum plants had been previously established in 2004 to 80 today (ICDC only a few of the rough census areas recorded. An EO can also be ranked as 2008, p. 3). were monitored in the earlier years. X if it receives an F rank five times HIP monitoring has been annually The special-use plots are also located within a 12–year period (Colket et al. conducted since 2004 and consists of on the OTA. Although called ‘‘plots,’’ 2006, p. 4). The current rankings for L. the following procedures: (1) Establish these are actually a series of 16 belt papilliferum are reviewed below in the and permanently mark HIP transects; (2) transects, each containing a single

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slickspot (see Sullivan and Nations (bitterbrush), and Tetradymium glabrata occasion being found on disturbed soils, 2009, pp. 29-33, for details). A stake is (little-leafed horsebrush) form a lesser such as along graded roadsides and centered in the single slickspot, and component of the shrub community badger mounds. These are rare each year the number of Lepidium (Moseley 1994, p. 9; Mancuso and observations and the vast majority of papilliferum individuals with a 16.4-ft Moseley 1998, p. 17). Under relatively plants documented over the past 19 (5-m) radius of that stake (comprising a undisturbed conditions, the understory years of surveys and monitoring for the 32.8-ft (10-m) diameter circle) are is populated by a diversity of perennial species are documented within counted (additional habitat information bunchgrasses and forbs, including slickspot microsite habitats (USFWS is collected from the remainder of the species such as Achnatherum (formerly 2006, p. 20). For example, in 2002, a belt transect). Lepidium papilliferum Oryzopsis) hymenoides (Indian complete census of an 11,070-ac (4,480- abundance estimates for each of the 16 ricegrass), Achillea millefolium ha) area recorded approximately 56,500 central circular plots has been collected (common yarrow), Phacelia slickspots (U.S. Air Force, 2003, p. 15), annually each year from 1991 through heterophylla (varileaf phacelia), of which approximately 2,450 (about 4 2008; thus, 18 years of special-use plot Astragalus purshii (Pursh’s milkvetch), percent) were occupied by L. data are available. As all special-use Phlox longifolia (longleaf phlox), and papilliferum plants (Bashore, pers. plots were the same size and were Aristida purpurea var. longiseta (purple comm. 2003, p. 1). Of the approximately surveyed in all years, estimates of threeawn) (Moseley 1994, p. 9; Mancuso 11,300 L. papilliferum plants abundance are based on reported total and Moseley 1998, p. 17; Colket 2005, documented during the survey effort, counts of individual plants (Sullivan pp. 2-3). Menke and Kaye (2006a, p. 1) only 11 plants were documented and Nations 2009, p. 37). Beginning in describe high quality matrix habitat outside of slickspots (U.S. Air Force 2000, the special-use plot data conditions for L. papilliferum as 2002, in summary attachment of distinguished between blooming and sagebrush-steppe habitat in late seral document). nonblooming individuals. condition, and Fisher et al. (1996, p. 1) Slickspots are visually distinct All of these programs provide note that ‘‘habitat with vigorous openings characterized by soils with information regarding the status of Lepidium populations has not been high sodium content and distinct clay Lepidium papilliferum and its habitat, recently burned, is not heavily grazed, layers; they tend to be highly reflective and will be referenced throughout this has an understory of native and relatively light in color, which rule. In addition, we reference L. bunchgrasses, and a well developed makes them easy to detect on the papilliferum Management Areas, which microbiotic soil crust.’’ Moseley (1994, landscape (Fisher et al. 1996, p. 3). are units containing multiple EOs in a p. 4) suggests that L. papilliferum serves Slickspots are distinguished from the particular geographic area with similar as an indicator species for the health of surrounding sagebrush matrix as having land management issues or the sagebrush-steppe ecosystem in the the following characteristics: microsites administrative boundaries as defined in western Snake River Plain. where water pools when rain falls the 2003 CCA (State of Idaho, p. 9). At The biological soil crust, also known (Fisher et al. 1996, pp. 2, 4), sparse a larger scale is the L. papilliferum (or as a microbiotic crust or cryptogamic native vegetation, distinct soil layers ‘‘LEPA’’) Consideration Zone, an area crust, is one component of quality with a columnar or prismatic structure, also designated by the 2003 CCA and habitat for Lepidium papilliferum. Such higher alkalinity and clay content and defined as all areas that may or do crusts are commonly found in semiarid natric properties (Fisher et al. 1996, pp. contain L. papilliferum (State of Idaho and arid ecosystems, and are formed by 15-16; Meyer and Allen 2005, pp. 3-5, 2003, p. 21). The LEPA Consideration living organisms, primarily bryophytes, 8; Palazzo et al. 2008, p. 378), and Zone includes the entire range of the lichens, algae, and cyanobacteria, that reduced levels of organic matter and species, including all Management bind together surface soil particles nutrients due to lower biomass Areas and all EOs. (Moseley 1994, p. 9; Johnston 1997, p. production (Meyer and Quinney 1993, 4). Microbiotic crusts play an important pp. 3, 6; Fisher et al. 1996, p. 4). Fisher Ecology and Habitat role in stabilizing the soil and et al. (1996, p. 11) describe slickspots as The native, semiarid sagebrush-steppe preventing erosion, increasing the having a ‘‘smooth, panlike surface’’ that habitat of southwestern Idaho where availability of nitrogen and other is structureless and slowly permeable Lepidium papilliferum is found can be nutrients in the soil, and regulating when wet, moderately hard and cracked divided into two plant associations, water infiltration and evaporation levels when dry. Although the low each dominated by the shrub Artemisia (Johnston 1997, pp. 8-10). In addition, permeability of slickspots appears to tridentata ssp. wyomingensis (Wyoming an intact crust appears to aid in help hold moisture (Moseley 1994, p. 8), big sagebrush): A. tridentata ssp. preventing the establishment of invasive once the thin crust dries, out the wyomingensis–Achnatherum plants (Brooks and Pyke 2001, p. 4, and survival of L. papilliferum seedlings thurberianum (formerly Stipa references therein; see also Serpe et al. depends on the ability to extend the thurberiana) (Thurber’s needlegrass) 2006, pp. 174, 176). These crusts are taproot into the argillic horizon (soil and A. tridentata ssp. wyomingensis– sensitive to disturbances that disrupt layer with high clay content), to extract Agropyron spicatum (bluebunch crust integrity, such as compression due moisture from the deeper natric zone wheatgrass) habitat types (Moseley to livestock trampling or off-road- (Fisher et al. 1996, p. 13). 1994, p. 9). The perennial bunchgrasses vehicle (ORV) use, and are also subject Slickspots have three primary layers: Poa secunda (Sandberg’s bluegrass) and to damage by fire; recovery from The surface silt layer, the restrictive Sitanion hysrix (bottlebrush squirreltail) disturbance is possible but occurs very layer, and an underlying moist clay are commonly found in the understory slowly (Johnston 1997, pp. 10-11). layer. Although slickspots can appear of these habitats, and the species As described earlier, Lepidium homogeneous on the surface, the actual Artemisia tridentata ssp. tridentata papilliferum occurs in slickspot habitat depth of the silt and restrictive layer can (basin big sagebrush), Chrysothamnus microsites scattered within the greater vary throughout the slickspot (Meyer nauseosus (grey rabbitbrush), semiarid sagebrush-steppe ecosystem of and Allen 2005; Tables 9, 10, and 11). Chrysothamnus viridiflorus (green southwestern Idaho. Lepidium The top two layers (surface silt and rabbitbrush), Eriogonum strictum (strict papilliferum has infrequently been restrictive) of slickspots are normally buckwheat), Purshia tridentata documented outside of slickspots, on very thin; the surface silt layer varies in

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thickness from 0.1 to 1.2 in (a few mm the elimination of slickspots from Several analyses have shown a to 3 cm) in slickspots known to support agricultural lands in Idaho (Peterson positive association between above- Lepidium papilliferum, and the 1919, p. 11; Rasmussen et al. 1972, p. ground abundance of Lepidium restrictive layer varies in thickness from 142). Slickspot soils are especially papilliferum and spring precipitation in 0.4 to 1.2 in (1 to 3 cm) (Meyer and susceptible to mechanical disturbances the same year. Evaluating rangewide HII Allen 2005, p. 3). The rangewide mean when wet (Rengasmy et al. 1984, p. 63; monitoring data collected over 4 years surface silt layer depth was 0.31 in (0.78 Seronko 2004). Such disturbances from 1998 to 2001, Palazzo et al. (2005, cm) based on a 2005 study of 769 disrupt the soil layers important to p. 9) found a positive relationship (p- slickspots of unknown occupancy Lepidium papilliferum seed germination value less than 0.01) between sampled at 79 transects (Colket 2006, p. and seedling growth, and alter abundance of above-ground plants and 38). Additionally, measurements of the hydrological function. Meyer and Allen February to June precipitation. Meyer et depth of the clay layer next to L. (2005, p. 9) suggest that if sufficient al. (2005, p. 15) found that an increase papilliferum plants at the Juniper Butte time passes following the disturbance of in February through May precipitation Training Range were taken in 2007 and slickspot soil layers, it is possible that increased the number of L. papilliferum 2008 to assess if depth of the clay layer the slickspot soil layers may regain their seedlings at the OTA based on L. could be a significant factor for plant pre-disturbance configuration, yet not papilliferum census and survival data germination. The average depth of the support the species. Thus, while the collected from 1993 to 1995. CH2MHill clay layer next to plants measured in slickspot appears to have regained its (2007a, p. 14) analyzed data from 2005 2007 was 2.5 in (6.3 cm), with a range former character, some essential to 2007 collected at the Juniper Butte from 1.2 to 4.7 in (3.0 to 12.0 cm) component required to sustain the life Range in the Owyhee Plateau region and (n=18), and in 2008 was 2.1 in (5.4 cm) history requirements of L. papilliferum found a positive correlation between with a range from 1.6 to 3.1 in (4.0 to has apparently been lost, or the active spring precipitation and plant numbers. 8.0 cm) (n=16) (CH2MHill 2008a, p. 13). seed bank is no longer present. Utilizing HII monitoring data collected It appears that depth to the clay layer is Most slickspots are between 10 square from 1998 to 2002, as well as 2004 HIP not as critical to germination at the feet (ft2) and 20 ft2 (1 square meter (m2) monitoring data, Menke and Kay (2006a, Juniper Butte Training Range as other and 2 m2) in size, although some are as b) found that March to May factors may be (such as depth to surface large as 110 ft2 (10 m2) (Mancuso et al. precipitation accounted for 99.4 percent of the soil, the timing and amount of 1998, p. 1). Slickspots cover a relatively of the variation in L. papilliferum moisture, seed bank, and ability of the small cumulative area within the larger abundance for the years 1998 to 2001 slickspot to capture and maintain sagebrush-steppe matrix, and only a (2006a, p. 8), and 89 percent for the adequate moisture). small percentage of slickspots are years 1998 to 2002, and 2004 (2006b, It is not known how long slickspots known to be occupied by Lepidium pp. 10-11). These results appear to have take to form, but it is hypothesized to papilliferum. For example, a 2002 been strongly influenced by the data take several thousands of years inventory of the 11,070 acre (ac) (4,480 point for 1998, which was an unusually (Nettleton and Peterson 1983, p. 193; hectare (ha)) Juniper Butte Range on the wet spring (Unnasch 2008, p. 16). Seronko 2006). Climate conditions that Owyhee Plateau found approximately 1 Because the 1998 HII data represents an allowed for the formation of slickspots percent (109 ac (44 ha)) of the outlier with respect to both L. in southwestern Idaho are thought to sagebrush-steppe area consisted of papilliferum abundance and have occurred during a wetter precipitation, it largely determines the Pleistocene period. Holocene additions slickspot habitat, and of that slickspot regression relationship by itself; thus, of wind-carried salts (often loess habitat, only 4 percent (4 ac (1.6 ha)) Menke and Kaye’s 2006 conclusion that deposits) produced the natric soils (high was occupied by above-ground L. abundance increases with spring in sodium) characteristic of slickspots papilliferum plants (U.S. Air Force precipitation is not well supported (Nettleton and Peterson 1983, p. 191; 2002, p. 9). It is not known why L. (Sullivan and Nations 2009, p. 140). Seronko 2006). It may take several papilliferum is not found in a greater More recently, however, Sullivan and hundred years to alter or lose slickspots proportion of slickspot microsites Nations (2009, pp. 30, 41) analyzed data through natural climate change or (Fisher et al. 1996, p. 15). collected at the OTA over a period of 18 severe natural erosion (Seronko 2006). The highest monthly temperatures years between 1990 and 2008, and Some researchers hypothesize that, within the range of Lepidium given current climatic conditions, new papilliferum normally occur in July found evidence that both plant density slickspots are no longer being created (approximately in the low 90 degrees at the rough census areas and plant (Nettleton and Peterson 1983, pp. 166, Fahrenheit (approximately 33 degrees abundance at special-use plots were 191, 206). As slickspots appear to have Celsius)), and lowest monthly positively related to mean monthly formed during the Pleistocene and new temperatures occur in January precipitation in late winter and spring slickspots are not being formed, the loss (approximately in the low 20 degrees (January through May). Thus, analysis of of a slickspot is apparently a permanent Fahrenheit (minus 7 degrees Celsius)). this long-term dataset again points to a loss. Precipitation tends to fall as rain, strong relationship between L. Some slickspots subjected to light primarily in winter and spring papilliferum abundance and spring disturbance in the past may apparently (November to May); the lowest rainfall precipitation. This correlation of be capable of re-forming (Seronko 2006). occurs in July and August, with the abundance with spring rainfall is Disturbances that alter the physical months of June, September, and October important, as it at least partially properties of the soil layers, however, receiving slightly more rainfall than July explains annual fluctuations in L. such as deep disturbance and the and August. Average annual papilliferum population numbers. addition of organic matter, may lead to precipitation patterns vary within the In contrast, precipitation in the fall or destruction and permanent loss of species’ range, and are generally higher early winter may have a negative effect slickspots. For example, such in the northern regions (e.g., 11.7 in on Lepidium papilliferum abundance techniques as deep soil tilling, the (29.7 cm) near Boise, 7.4 in (18.8 cm) at the following spring (Meyer et al. 2005, addition of organic matter, and addition the city of Bruneau, and 9.9 in (25.1 cm) p. 15; Sullivan and Nations 2009, p. 39). of gypsum have been recommended for at Mountain Home). It has been suggested that this negative

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relationship may be the result of Recent analyses suggest that potentially poor competitor with other prolonged flooding of the slickspot temperature also influences the annual plants. In recent years, there are microsites, causing subsequent abundance of Lepidium papilliferum. increasing observations of nonnative mortality of overwintering biennial Although Menke and Kaye (2006b, p. 8) plants encroaching into slickspots, and rosettes (Meyer et al. 2005, pp. 15-16). found that minimum and maximum consistent with theory, the evidence This suggestion is supported by the temperatures were not statistically suggests that L. papilliferum is not able analysis of 9 years of OTA data from the correlated with L. papilliferum to successfully compete with these period 2000-2008 that shows a negative abundance based on a limited number invasive exotics. Sullivan and Nations association between October to January of years of data, Sullivan and Nations (2009, p. 111) report an ‘‘apparent precipitation and abundance of non- (2009, p. 46-57) used more precise mutual exclusivity’’ between nonnative blooming L. papilliferum the following temperature data in concert with the plant species examined and L. spring, although only the relationship 18–year L. papilliferum abundance papilliferum in slickspots. In other with October to December precipitation dataset from the OTA to evaluate the words, if plants such as Bassia prostrata is statistically significant (Sullivan and potential interaction between (prostrate kochia or forage kochia, Nations 2009, p. 43). For blooming precipitation, temperature, and plant formerly Kochia prostrata) or Bromus plants, the negative association between abundance. Their analysis of the data tectorum are present in a slickspot, L. October to January precipitation and collected between 1990 and 2008 papilliferum is most often reduced in spring abundance was highly significant suggests a complex relationship numbers or entirely absent. (Sullivan and Nations 2009, pp. 43-44). between temperature and precipitation Range and Distribution However, Unnasch (2008, p. 2) found that influences the abundance of L. no relationship between precipitation papilliferum on an annual basis. In The range of Lepidium papilliferum is and the abundance of Lepidium short, they found that temperature and restricted to the volcanic plains of papilliferum in an analysis of HIP data precipitation interact during the months southwest Idaho, occurring primarily in collected over a 3–year period from of October through January such that the the Snake River Plain and its adjacent 2005 to 2007. Unnasch hypothesized lowest density or abundance of L. northern foothills, with a single disjunct that L. papilliferum may manifest papilliferum in the spring follows a fall a population on the Owyhee Plateau threshold effects in germination and or early winter when both precipitation (Figure 1). The plant occurs at that there is a pulse of germination and temperature are low, or both are elevations ranging from approximately following a requisite amount of rainfall high. Spring plant density or abundance 2,200 ft (670 m) to 5,400 ft (1,645 m) in that could lead to a major flush of L. is greatest following a fall or early Ada, Canyon, Gem, Elmore, Payette, and papilliferum germination during very winter when either precipitation is high Owyhee Counties (Moseley 1994, pp. 3- wet years. If total rainfall is below that and temperature is low, or precipitation 9). Based on differences in topography, threshold, annual germination is more is low and temperature is high (Sullivan soil, and relative abundance, we have random (Unnasch 2008, p. 16). and Nations 2009, p. 56). During late further divided the extant Lepidium Comparing his results to those of Menke winter and spring, analysis of one OTA papilliferum populations into three and Kaye, Unnasch (2008, p. 15) dataset (the ‘‘rough census’’ areas) physiographic regions: the Boise suggests that the relationship with suggested that temperature had a Foothills, the Snake River Plain, and the spring precipitation reported by Menke negative impact on L. papilliferum Owyhee Plateau. The nature and and Kaye was strongly affected by density, such that density is greater severity of factors affecting the species abundance data from the year 1998, when precipitation is high but also vary between the three although in turn the relatively short 3– temperatures during March through physiographic regions for the purposes year study period may have influenced May are lower (Sullivan and Nations of analysis. For example, urban and Unnasch’s study results. Sullivan and 2009, p. 47), whereas the model of the rural development, agriculture, and Nations (2009, pp. 140, 142) likewise OTA special-use plots suggests only a infrastructure development has been suggested that the exceptionally high positive interaction of L. papilliferum substantial in the sagebrush-steppe precipitation in 1998 likely influenced abundance with precipitation during habitat of the Boise Foothills and the the results of Menke and Kaye’s this time period, with no temperature Snake River Plain regions, while very analysis. However, as described above, effect (Sullivan and Nations 2009, p. little of these types of development has Sullivan and Nation’s more robust 47). Sullivan and Nations caution that occurred within the Owyhee Plateau analysis of 18 years of data from the the limited geographic area within region. Genetic analyses reveal some OTA confirmed a positive correlation which the interactions of precipitation separation between the greater Snake between spring precipitation and the and temperature were studied limits the River Plain and Owyhee Plateau abundance of L. papilliferum (Sullivan ability to extrapolate the observed populations of L. papilliferum (Larson et and Nations 2009, pp. 40-44). As both relationship beyond the bounds of the al. 2006, p. 14), as might be expected annual precipitation and plant OTA (Sullivan and Nations 2009, p. 57). due to their relative isolation. We are abundance are highly variable, the The sparse native vegetation naturally not aware of any studies that may have numbers of years included in the data present at slickspots suggests that examined the relative genetic set for evaluation is of great importance Lepidium papilliferum is more tolerant differentiation, if any, of the Boise in determining the degree of confidence than surrounding vegetation at Foothills population from the remainder in the outcome of any statistical surviving in alkaline soils and spring of the Snake River Plain. analysis. For this reason, the Service inundation (e.g., Moseley 1994, p. 8, 14; Figure 1. Range of Lepidium believes the Sullivan and Nations (2009, Fisher et al. 1996, pp. 11, 16). Plant papilliferum in southwest Idaho, pp. 40-44) evaluation of the 18–year ecology literature suggests that plants showing its distribution in the three dataset from the OTA is the best tolerant of stress (e.g., plants that are physiographic provinces of the Snake available data regarding the relationship capable of growing in harsh alkaline River Plain, Boise Foothills, and between precipitation and abundance of soils) are poor competitors (Grime 1977, Owyhee Plateau. L. papilliferum. p. 1185), making L. papilliferum a BILLING CODE 4310–55–S

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BILLING CODE 4310–55–C Threats Table). The area actually fraction of those slickspots (see U.S. Air As of February 2009, there were 80 occupied by L. papilliferum is a small Force 2002, p. 9, for an example). Table extant EOs in the three physiographic fraction of the total acreage, since 1 presents the distribution and regions that collectively comprise slickspots occupy only a small landownership and management approximately 15,801 ac (6,394 ha) of total area that is broadly occupied by percentage of the landscape, and L. information for all L. papilliferum EOs, Lepidium papilliferum (Cole 2009b, papilliferum then occupies only a in total and by region.

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TABLE 1. DISTRIBUTION AND LAND OWNERSHIP OF Lepidium papilliferum ELEMENT OCCURRENCES BY PHYSIOGRAPHIC REGION (COLE 2009B, THREATS TABLE; SULLIVAN AND NATIONS 2009, P. 77). All areas are estimates, and may not total exactly due to rounding.

Total EO Area Federal ownership in State ownership Private ownership (hectares) Lepidium papilliferum Number of EOs acres in acres in acres [percent of total EOs [percent of total] (hectares) (hectares) (hectares) rangewide [percent of total] [percent of total] [percent of total] EO area]

Snake River Plain 43 12,754 ac 55 ac 164 ac 12,980 ac [54] (5,160 ha) (22 ha) (66 ha) (5,250 ha) [98] [0.5] [1.5] [82]

Boise Foothills 16 89 ac 0 ac 96 ac 185 ac [20] (36 ha) (0 ha) (39 ha) (75 ha) [48] 0 [52] [1.2]

Owyhee Plateau 21 2,636 ac 7 ac 0 ac 2,643 ac [26] (1,067 ha) (3 ha) (o ha) (1,070 ha) [99.7] [0.3] [0] [16. 8%]

All extant 80 15,479 ac 62 ac 260 ac 15,801 ac EOs [100] (6,264 ha) (25 ha) (105 ha) (6,394 ha) [98.0] [0.4] [1.6] [100]

The range of Lepidium papilliferum northwest of the City of Eagle detected either an annual or a biennial, in any was first estimated in 1994 (Moseley 43 occupied slickspots out of 187 given year there will be varying 1994, p. 6). Expanded survey efforts in surveyed, with approximately 17,880 L. numbers of plants acting as spring- recent years have resulted in an increase papilliferum plants (URS 2008, p. 10). flowering annuals versus overwintering in the amount of known occupied These observations expanded the total rosettes. The relative proportions of habitat, particularly on the Owyhee area of EO 76 (Cole 2009a, p. 39). these two life history forms can Plateau and in the Boise Foothill Finally, additional survey efforts on fluctuate annually depending on a regions. Between 2003 and 2006, 16 previously surveyed areas at the OTA variety of factors, including new EOs were documented, all within resulted in the documentation of 365 precipitation, temperature, and the 3 mi (4.8 km) of previously existing new occupied slickspots in 2005, abundance of rosettes produced the EOs: 2 on the Snake River Plain with a resulting in further expansion of previous year (Unnasch 2008, pp. 14-15; total area of 2.7 ac (1 ha), and 14 on the existing EO 27 (URS 2005, pp. 6-7). Sullivan and Nations 2009, pp. 43-44, Owyhee Plateau with a total area of 46.6 Not all potential Lepidium 134-135). Secondly, L. papilliferum has ac (18 ha) (Colket et al. 2006, Tables and papilliferum habitats in southwest a long-lived seed bank, likely as an Appendix A). Since 2006, additional Idaho have been surveyed, and it is adaptation to unpredictable conditions, surveys of previously unsurveyed lands possible that additional L. papilliferum in which years of good rainfall favorable have resulted in the discovery of several sites may be found outside of areas that for germination and survival may be new occupied sites. Because most of are currently known to be occupied. followed by periods of drought; a these newly discovered sites were Recent modeling was completed to persistent seed bank provides a within 1 km (0.6 mi) of a documented develop a high-quality, predictive- population buffer against years of poor EO, they typically resulted in the distribution model of L. papilliferum to reproductive potential in such a highly expansion or merging of existing EOs identify potential habitat (Colket 2008, variable environment (Meyer et al. 2005, rather than the creation of a new EO. p. 1). Although surveys were conducted p. 21). Only a small percentage of L. For example, in 2007, 2,560 ac (1,036 in 2008 in some areas identified as papilliferum seeds germinate annually, ha) of BLM land on the Owyhee Plateau potential, previously unsurveyed resulting in an estimated maximum were inventoried for L. papilliferum just habitat, these did not result in any new longevity of 12 years for seeds in the south of the U.S. Air Force’s Juniper locations of the species (Colket 2008, seed bank (Meyer et al 2005, p. 18). The Butte Training Range. Of the 2,171 pp. 4-6). There have also been searches presence of this persistent seed bank slickspots surveyed, 200 (9 percent) for L. papilliferum in eastern Oregon, confounds the ability to determine any were occupied by L. papilliferum with but the species has never been found trend in abundance over time, as the a total of 1,059 flowering plants and 214 there (Findley 2003, p. 1). We have no number of above-ground plants that can rosettes (ERO 2007, pp. 1, 7-8), resulting historical records indicating that L. be counted in any one year represents in the expansion of EO 16 (Cole 2009a, papilliferum has ever been found only a subset of the latent population p. 38). Surveys conducted in 2008 in the anywhere outside of its present range in that is present in the seed bank. In vicinity of the Ada County landfill in southwestern Idaho, as described in this effect, it takes at least 12 years to trace the Boise Foothills region revealed rule. the fate of a single year’s cohort of seeds, resulting in a significant lag effect nearly 5,000 plants in 75 slickspots Abundance and Population Trend (Cole 2008, p. 8), which expanded the in detecting any real underlying change size of existing EOs 38 and 65 (Cole Forming a reliable estimate of any in total population abundance over the 2009a, p. 39). Pre-development surveys trend in the abundance of Lepidium long term. conducted during 2007 by URS papilliferum over time is complicated An additional complicating factor in Corporation (URS) on BLM and private by multiple factors. For one, since trying to detect any population trend for lands in the Boise Foothills region individuals of the species may act as Lepidium papilliferum is the extreme

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variability of annual abundance or quality and quantity as a surrogate for current overall condition of the species, density of the plant. As is common for assessing the status or viability of L but we did not rely on EO records for desert annuals, the numbers of L. papilliferum. Habitat monitoring is a temporal population trend estimates. papilliferum can vary dramatically from recommended method of monitoring Five years of HII monitoring data year to year, depending on annual plants with a long-lived seed (1998 to 2002) and 5 years of HIP environmental conditions. As an bank, where in some years the majority monitoring data (2004 to 2008) are example, the total number of plants on of the plant population is expressed in available on Lepidium papilliferum the 16 special-use plots at the OTA went the seed bank rather than as above- abundance and habitat condition from 624 individuals in 1997 to 3,330 ground plants (Elzinga et al. 1998, p. rangewide. Although the HII–HIP plants in 1998, subsequently dropping 55). For these reasons, we consider that program provides valuable information back down again to 756 plants in 1999; data regarding the trends in habitat regarding the relationship between L. total abundance over the years 1991 quality and quantity for L. papilliferum papilliferum abundance and measures through 2008 ranged from a low of 249 provide us with information that is of habitat quality or disturbance, the plants to 15,236 individuals (Weaver equally important, if not more so, than time series of this data set is considered 2008). Some of the great variation in direct counts of individual plants in too short to reliably detect any trend in yearly plant numbers is likely due to the evaluating the overall status of the rangewide population abundance, due relationship between L. papilliferum species. Trends in habitat quality are to the extreme annual variability in the and precipitation, as described above. discussed in the Habitat Quality section data (Sullivan and Nations 2009, p. 93). The annual abundance or density of L. of this document, as well as under The We consider the best available data papilliferum shows a significant Present or Threatened Destruction, regarding Lepidium papilliferum positive association with levels of Modification, or Curtailment of Its abundance to be the long-term datasets spring rainfall, roughly from March Habitat or Range in the Summary of from the OTA, including the rough through May (Meyer et al. 2005, p. 15; Threats Affecting the Species section, census areas and special-use plots, Palazzo et al. 2005, p. 9; Sullivan and below. which provide 18 years of population Nations 2009, pp. 39-41), and survival From a statistical standpoint, the monitoring information. The relative of potential biennials is associated with extreme variability in annual abundance value of the OTA dataset is supported increased summer rainfall (Meyer et al. or density estimates greatly reduces the by the analysis of Sullivan and Nations 2005, p. 15). There is also some ability to reliably detect a long-term (2009), a report resulting from our suggestion that increased winter trend in the population without many contract with an independent precipitation may show a negative years of standardized data. The presence consulting firm to evaluate the available association with plant abundance, of the persistent seed bank adds further population trend data for L. papilliferum, as well as to analyze any although not all analyses are uncertainty to the determination of information available regarding consistently significant on this point population trend, as 12 years may potential relationships between the (Meyer et al. 2005, pp. 15-16; Sullivan effectively be considered to represent a abundance of L. papilliferum and and Nations 2009, pp. 39-41). single generation of the plant. Relatively measures of habitat quality or Temperature also appears to play a role short-term analyses of abundance disturbance. Considering the available in annual abundance of L. papilliferum estimates for the purposes of estimating data from the HII–HIP monitoring, and in concert with precipitation, although a population trend are thus of limited utility due to the high variance observed the rough census area and special-use the exact nature of the relationship is in the data (Sullivan and Nations 2009, plot monitoring from the OTA, Sullivan complex and not well understood p. 93). In our evaluation, we weighed and Nations considered that the long- (Sullivan and Nations 2009, p. 57). the relative quality of the available term nature of the datasets from the Furthermore, the interaction between datasets for discerning population trend OTA make these data the best available temperature, precipitation, and L. in Lepidium papilliferum according to data when attempting to model trends papilliferum abundance appears to vary the degree of confidence we had in the through time (Sullivan and Nations regionally between the Boise Foothills, results of any analyses, given the great 2009, p. 56). Furthermore, they placed Owyhee Plateau, and Snake River Plain degree of variability observed and the slightly greater confidence in the (Sullivan and Nations 2009, pp. 103- multiple factors potentially influencing analyses based on the rough census 104). annual counts of the plant. areas as opposed to the special-use Because the population dynamics of Four data sets are available that plots, since the special-use plots are in Lepidium papilliferum are complicated, provide some index or measure of effect a subset of the rough census areas surrogate methods of monitoring the Lepidium papilliferum abundance: and are based on counts from only a status of the species, such as monitoring Rangewide EO records, rangewide HII– single slickspot, and are therefore the status of the ecosystem upon which HIP transects, rough census data subject to greater variability in response it depends, may be preferable to counts collected on the OTA, and special-use to localized impacts (Sullivan and of individual plants. For example, due plot data from the OTA. Each of these Nations 2009, pp. 55, 96). They also to the extreme annual fluctuations in programs is described in the Monitoring noted that the HII and HIP programs do annual plant abundance and the of Lepidium papilliferum not yet have sufficient data to determine complicating nature of the long-lived Populations section, above, and the population trends rangewide (Sullivan seed bank for this species, Mancuso and degree to which we relied on the and Nations (2009, p. 93). However, Moseley (1998, p. 1) note that information provided by them is they determined that all three ‘‘estimating the number of above-ground described below. programs—rangewide HIP, OTA rough plants is by itself not a reliable measure The INHP records of Lepidium census areas, and OTA special-use to evaluate population and species papilliferum EOs provide only plots— track annual changes in L. viability.’’ As an alternative or estimated ranges or categorical estimates papilliferum abundance similarly, and supplement to population monitoring, of abundance, and are so variable in each can act as an index of abundance. they suggest monitoring the ecological both size and space over time that we Based on their analysis, they concluded integrity of L. papilliferum habitat, considered these records to be that the trend observed on the OTA may essentially using measures of habitat informative in terms of evaluating the be considered likely representative of

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the trend across the entire range of the The analysis of abundance data from since 1999, there has been no consistent species (Sullivan and Nations 2009, p. the special-use plots on the OTA reveals rangewide population trend for the 96). a similarly negative slope over the years species. 1991 through 2008, but the results were Although Sullivan and Nations did Analysis of Population Trend not statistically significant (p = 0.2857) not attempt to discern a trend in Sullivan and Nations analyzed the (Sullivan and Nations 2009, p. 4). In population numbers based on the HIP data on Lepidium papilliferum numbers other words, based on the count data data, they did compare mean total (density or total abundance) from both from the special-use plots, there was not abundance of Lepidium papilliferum per the rough census areas and the special- sufficient evidence to conclude that the transect between physiographic regions, use plots at the OTA, assuming a simple slope of abundance over time was based on the HIP data from 2004 linear trend and using a repeated significantly different from zero. The through 2008. They found that relative measures implementation of the general relationship between abundance and abundance was significantly different negative binomial regression model to spring precipitation on the special-use between regions, being greatest in the account for the large variances in the plots was similar to that observed on the Boise Foothills region and lowest on the data (a statistical technique for rough census areas; mean monthly Owyhee Plateau region; abundance on determining whether a statistically precipitation in January to March, the Snake River Plain region was significant trend exists when using a February to April, and March to May intermediate between the other two data set with counts from the same areas were all positively associated with (Sullivan and Nations 2009, p. 103). every year and large changes in the abundance and all were statistically In summary, we have reviewed all of values between years). The model was significant (p < 0.0001). There was no the best available scientific and not intended to describe the complex significant relationship, however, commercial data available to us to pattern in the relative density or between fall or winter precipitation and determine whether we can discern a abundance of L. papilliferum over time, Lepidium papilliferum abundance on long-term trend in the abundance of but only to determine whether there is the special-use plots (Sullivan and Lepidium papilliferum. The extreme evidence of any overall population Nations 2009, p. 41). Using a shorter variability in annual counts of the trend (Sullivan and Nations 2009, p. time-series of data from 2000 to 2008, species makes it difficult to discern a 38). Sullivan and Nations (2009, pp. 43-44) trend in numbers with statistical Based on this model, of the two OTA found that the abundance of blooming confidence. For this reason, we place datasets, Sullivan and Nations (2009, plants was positively associated with greater confidence in the longest time pp. 3, 55, 96) considered the rough both the current year’s precipitation and series of monitoring data available to us, census data to be slightly more reliable. the number of rosettes present in the that from the OTA (up to 18 years of Their analysis of this rough census data data for some rough census areas and all previous year, and that the number of showed a negative trend in density with special-use plots). In addition, as rosettes was negatively associated with a slope of -0.086 over the years 1990 to described above, Sullivan and Nations precipitation in the prior October to 2008; this trend was statistically suggest that the data from the rough December period. significant (p = 0.0087, two-sided p- census areas may be considered slightly value) (Sullivan and Nations 2009, pp. The researchers concluded that there more reliable than that from the special- 38-39). Because plant density was is ‘‘limited evidence for declining use plots (Sullivan and Nations 2009, unusually high on a single rough census populations,’’ because trends on the pp. 3, 55). The long-term data from the area, the Study 4 Site, the data were OTA are negative but only statistically OTA, which we considered to be the reanalyzed, removing that site as a significant for the rough census areas best available data for attempting to potentially highly influential data point. (Sullivan and Nations 2009, pp. 2, 44). model trends through time in agreement The result was a more shallow negative In earlier analyses of Lepidium with Sullivan and Nations (2009, pp. 3, slope (-0.059), but the trend remained papilliferum population HII–HIP data, 56), suggest that population numbers statistically significant (p = 0.0046) Menke and Kaye had initially reported may be trending downward on the OTA. (Sullivan and Nations 2009, p. 39). a negative rangewide population trend Although numbers on both the rough Rough census area densities were for the periods 1998 through 2002 census areas and the special-use plots further regressed against 3–month (Menke and Kaye 2006a) and for 1998 showed a slightly negative slope over running averages of precipitation. through 2004 (Menke and Kaye 2006b). time, only the analysis of the rough Lepidium papilliferum density was However, Sullivan and Nations (2009, p. census areas was statistically significant positively associated with mean 141) point out that the fact that the HII (Sullivan and Nations 2009, pp. 38-40). monthly precipitation in each of the transects were first monitored during a We considered this to be relatively January to March, February to April, higher-than-average abundance year in limited evidence of a downward trend and March to May periods, and 1998 greatly influenced the in the population, given the lack of negatively associated with mean interpretation of the short time-series consistently significant results between monthly precipitation for the periods dataset, and suggest that the negative the two monitoring programs. October to December, November to trend in abundance is not supported Furthermore, the slope is not steep, January, and December to February; when abundance in subsequent years is annual variation in plant numbers these relationships were all significant included. Additionally, as described continues to be extremely high, and the at p < 0.0001 (Sullivan and Nations above, the HII–HIP data collection has plant has demonstrated an ability to 2009, pp. 39-40). These findings are not yet occurred over a long enough rebound from low numbers due to the consistent with those of Meyer et al. period to allow for reliable trend persistent seed bank. 2005 (pp. 15-16), which reported a analyses (Sullivan and Nations 2009, p. We do recognize, however, that the positive association between Lepidium 93). In comparing the mean number of OTA provides some of the highest seedlings recruited and spring L. papilliferum per transect resulting quality habitat remaining for Lepidium precipitation, and a likely negative from his own analyses of HIP data from papilliferum. Therefore, we believe it is association with winter precipitation, 2005 through 2007 with the results reasonable to infer that if the population which is postulated to drown reported by Menke and Kaye (2006b), is trending downward there, then overwintering rosettes. Unnasch (2008, p. 14) suggests that, conditions are likely worse in the

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remainder of the plant’s range where annual variability in both precipitation species in slickspots, followed by habitat conditions are more degraded. and temperature, and the inconsistent Agropyron cristatum (crested This conclusion is supported by the results between the special-use plots wheatgrass), Ceratocephala testiculata, analysis of Sullivan and Nations (2009, and the rough census areas on the OTA. formerly Ranunculus testiculatus (bur p. 96), which suggests that the trends on The evaluation of Sullivan and Nations buttercup), and Lepidium perfoliatum the OTA, as a general index of was based on a simple model of (clasping-leaf pepperweed) (ICDC 2008, abundance, might reasonably be Lepidium papilliferum abundance or p. 9). Noxious or aggressive nonnatives considered representative of trends density as a linear function of time, and detected in HIP transect slickspots rangewide (Sullivan and Nations 2009, intended only to discern whether there include Linum perenne (‘Appar’ blue p. 96). Direct evidence in support of this was any general trend in the population. flax), Centaurea cyanus (garden argument, however, is lacking. In The authors acknowledge that the cornflower), Bassia prostrata (prostrate addition, since the abundance of L. dynamics are complicated, and note kochia or forage kochia), Chondrilla papilliferum is associated with annual their model is not intended to describe juncea (rush skeletonweed), and precipitation, we considered whether (nor explain) the details of the temporal Cardaria draba (whitetop) (Colket 2009, any trend in precipitation over the same pattern of abundance or density of L. pp. 8-9). time period for which the rough census papilliferum (Sullivan and Nations A review of the rangewide HIP areas and special-use plot data were 2009, p. 38). In addition, we do not have transect data for evidence of fire history collected might be correlated with the any models for L. papilliferum based on reveals that 38 of 80 HIP transects (48 observed negative trend in plant multivariate analyses, which would percent) currently show no effects from numbers. Assuming a simple linear simultaneously take into account wildfire and 6 others (7.5 percent) were trend, analogous to the model used by additional variables such as predominantly unburned. Five transects Sullivan and Nations in their analysis of precipitation, to potentially allow for (6.25 percent) had partially burned L. papilliferum density and abundance the prediction of abundance or density (with approximately half of the area at the OTA over time, we found no of L. papilliferum over time based on unburned), 13 (16.25 percent) were significant trend in precipitation at the projected conditions. Although the predominantly burned, and 18 (22.5 OTA over the years 1991 through 2007 currently available model is helpful in percent) have completely burned (data were not available for 2008). terms of interpreting the population (Colket 2009, Table 5). HIP classifies Although we evaluated total annual information available to date and areas as burned if they are devoid of precipitation, total and mean winter indicates that L. papilliferum has likely shrub cover or have patchy shrub cover precipitation, total and mean spring been trending downward, for all of the in areas that exhibit the site capacity to precipitation, and 3–month moving reasons outlined above, it would be support a healthy sagebrush-steppe averages across the year, least squares inappropriate to rely on this model to community; this may include areas that regression did not yield any slopes of predict any future population trajectory have recently or historically burned. precipitation over time that were for L. papilliferum. Four HIP transects were burned in 2007 statistically significant from zero in the Murphy Complex Fire in the Habitat Quality (Zwartjes 2009, p. 1). Any observed Owyhee Plateau geographic region negative trend in L. papilliferum density As described above under ‘‘Ecology (Colket 2009, p. 23). Sixty-six of the 80 or abundance at the OTA thus appears and Habitat,’’ the natural sagebrush- HIP transects (83 percent) have nearby to be independent of any trend in steppe community that surrounds the wildfire effects within 1,640 ft (500 m) precipitation over the time period of slickspot microsites in which Lepidium (Colket 2009, p. 26). A recent geospatial interest. papilliferum occurs is dominated by data analysis evaluating the total In weighing all of this information, we sagebrush (primarily Artemisia Lepidium papilliferum EO area affected conclude that the best available tridentata ssp. wyomingensis) with a by wildfire from 1957 to 2007 found evidence suggests that Lepidium diverse understory of native perennial that the perimeter of 107 wildfires that papilliferum numbers may be trending bunchgrasses and forbs. Historically, had occurred encompassed downward. The dataset from the rough fires were relatively infrequent in this approximately 11,442 ac (4,509 ha), or census areas on the OTA shows a ecosystem, likely occurring on the order 73 percent of the total EO area significant downward trend in density of every 100 years (Whisenant 1990, p. rangewide (Stoner 2009, p. 48). over the last 18 years. Furthermore, we 4). Data on the plant community and However, caution should be used in believe it is reasonable to infer that this fire history pattern are some of the interpreting this geospatial information, negative trend may be similar or habitat quality attributes collected as as this represents relatively coarse possibly even greater rangewide in areas part of Lepidium papilliferum HIP vegetation information that may not outside the high quality habitat of the monitoring, which has been conducted reflect that some EOs may be located OTA, and this trend appears to be rangewide since 2004. Results from the within remnant unburned islands of independent of any trend in 2008 HIP monitoring conducted at 80 sagebrush habitat within fire perimeters. precipitation. The best available HIP transects indicated that over the Several features of slickspots and scientific and commercial data therefore past 5 years, 14 of the transects (18 their surrounding habitat were suggest that over the past two decades, percent) that were initially consistently more degraded in areas that L. papilliferum has likely significantly characterized by predominantly native had burned. Slickspots in burned areas declined in abundance. vegetation have undergone overall had lower soil crust cover and greater In terms of projecting this trend into declines in habitat quality, primarily exotic (nonnative) species cover, and the future, however, there are many due to increased nonnative species the total native species cover and shrub uncertainties associated with both the cover (Colket 2009, pp. 10). cover were consistently lower in burned data and the model that preclude our Furthermore, this increase in nonnatives transects, while total exotic species ability to do so; these include, but are was observed not only in the cover,, including Bromus tectorum, was not limited to: Great annual variability surrounding plant community, but in consistently higher in burned transects in plant numbers, the confounding the slickspots occupied by L. (Menke and Kaye 2006b, p. 19). Sullivan influence of the long-lived seed bank, papilliferum as well. Bromus tectorum and Nations (2009, p. 3) found a the complications associated with was the most common nonnative significantly negative relationship

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between the abundance or density of are not comparable to those assigned which means there are 50 to 399 above- Lepidium papilliferum and both the after 2006. Currently, EO ranks are more ground plants, low to moderate presence of B. tectorum and past fire. consistently assigned, are useful as an introduced nonnative plant species The positive association between the assessment of estimated viability or cover, and EOs are partially burned. abundance of B. tectorum and fire probability of persistence, and help Approximately three-quarters of the frequency is well established prioritize conservation planning or total EO area in the Snake River Plain (Whisenant 1990, p. 6). The complex actions (NatureServe 2002). is ranked B, meaning there are 400 to and positive feedback loop between the As of February 2009, the INHP has 999 above-ground plants, the native encroachment of invasive annual ranked 80 extant EO records for plant community is intact with low grasses such as B. tectorum, increased Lepidium papilliferum based on habitat introduced nonnative plant species fire frequency, and decreased integrity quality and abundance (Cole 2009b, cover, and EOs are largely unburned. of biological soil crusts contributes to Threats Table). In addition, nine EOs are The majority of the B-ranked EO acreage the degradation of sagebrush-steppe ranked as extirpated or probably rangewide occurs on the Idaho Army habitat quality for L. papilliferum (for extirpated, and seven EOs are National Guard’s Orchard Training Area additional details, see the Modified considered historical (information is too (OTA). The majority of the total EO area Wildfire Regime and Invasive Nonnative vague for relocation of the sites). All in the Owyhee Plateau physiographic Plant Species discussions under Factor nine extirpations were formerly verified region is also ranked B. A of Summary of Factors Affecting the locations from old herbarium Species). collections (the most recent from 1955) EO size can also influence the ranking where the habitat is now completely of an EO as a percentage of total Element Occurrences Rangewide developed or converted to agricultural rangewide EO area. For example, one The EO ranking system utilized by the lands (Colket et al. 2006, Table 13). The EO (number 27) located on the OTA in INHP is described above in the 80 extant (as of February 2009) EOs the Snake River Plain region has a total Monitoring of Lepidium papilliferum represent a reduction in the number of area of 7,163 acres (2,899 ha) and Populations section. In brief, extant EOs (85) known in 2006. accounts for roughly 59 percent of all occurrences of Lepidium papilliferum However, this reduction in the number the area within Lepidium papilliferum are ranked based on measures of habitat of EOs is due to the merging of EOs EOs assigned a B rank throughout the quality and species abundance. The first associated with new locations of plants entire range of the species. There are EO ranks for L. papilliferum were rather than from the loss of individual less than 2.2 ac (1 ha) of B-ranked area assigned in 1993 (Colket et al. 2006, EOs. As of February 2009, there are no in the Boise Foothills region, and nearly Tables 1-13). In 2006, L. papilliferum A-ranked EOs for L. papilliferum; the 2,540 B-ranked ac (1,028 ha) on the EO specifications and ranking were most common EO ranks for L. Owyhee Plateau. Therefore, according to updated and revised by the ICDC to papilliferum rangewide are C and D the EO rankings, the majority of the apply more consistent EO specifications (Table 2). EO ranks also vary by highest quality remaining habitat for L. rangewide (Colket et al. 2006, pp. 15- physiographic region. A little more than papilliferum occurs on the Snake River 44). Due to the change in methods in one-half of the extant EO area in the Plain (see Table 2), with most of that 2006, EO rankings assigned before 2006 Boise Foothills region is ranked as C, occurring within the OTA.

TABLE 2. EXTANT ELEMENT OCCURRENCE (EO) RANKS ACROSS THE ENTIRE RANGE OF Lepidium papilliferum (INHP data from February 2009).

Element Occurrence Rank No. EO’s Hectares Acres Percent of Area

Boise Foothills

B 1 0.84 2.07 1.65

BC 1 1.79 4.41 3.53

C 5 28.34 70.03 56.05

D 6 15.37 37.99 30.40

F 3 4.23 10.46 8.37

TOTAL 16 50.57 124.96 100.00

Snake River Plain

B 5 3,875.14 9,575.47 73.77

BC 1 1.42 3.51 0.03

C 19 935.06 2,310.53 17.80

D 12 350.44 865.94 6.67

D? 1 0.78 1.93 0.01

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TABLE 2. EXTANT ELEMENT OCCURRENCE (EO) RANKS ACROSS THE ENTIRE RANGE OF Lepidium papilliferum— Continued (INHP data from February 2009).

Element Occurrence Rank No. EO’s Hectares Acres Percent of Area

F 4 89.82 221.94 1.71

NR 1 0.20 0.48 0.00

TOTAL 43 5,252.86 12,979.81 100.00

Owyhee Plateau 1

B 5 1,027.50 2,537.00 96.02

C 4 21.85 53.99 2.04

D 5 18.42 45.52 1.72

E 0 0.00 0.00 0.00

F 7 2.36 5.83 0.22

TOTAL 21 1070.13 2,644.35 100.00 1 Note that Sullivan and Nations (2009, pp. 79-81) differed in their overview of extant EOs in the Owyhee Plateau as they presented EO 16 as each of its 27 individual sub-EOs (sub-EOs 700-726). Table 2 combines all Owyhee Plateau sub-EOs into the single EO 16 and also incor- porates changes as described in the February 2009 INHP Lepidium papilliferum data.

Summary of Factors Affecting the grasses, such as Bromus tectorum, and slickspots cannot be recreated on the Species increased frequency of fire. As landscape. Section 4 of the Act and its described below, B. tectorum can Livestock pose a threat to Lepidium implementing regulations (50 CFR 424) impact L. papilliferum directly through papilliferum, primarily through set forth the procedures for adding competition, but also indirectly by mechanical damage to individual plants species to the Federal Lists of providing continuous fine fuels that and slickspot habitats. However, the Endangered and Threatened Wildlife contribute to the increased frequency current livestock management and Plants. A species may be and extent of wildfires. Frequent conditions and associated conservation determined to be an endangered or wildfires have numerous negative measures address this potential threat threatened species due to one or more consequences in the sagebrush-steppe such that it does not pose a significant of the five factors described in section system, which is adapted to much risk to the viability of the species as a 4(a)(1) of the Act: (A) The present or longer fire-return intervals, ultimately whole. threatened destruction, modification, or resulting in the conversion of the All of these threats have long been curtailment of its habitat or range; (B) sagebrush community to nonnative recognized as contributing to the overutilization for commercial, annual grasslands, with associated ongoing degradation of the sagebrush- recreational, scientific, or educational losses of native species diversity and steppe ecosystem of southwestern purposes; (C) disease or predation; (D) natural ecological function. Because the Idaho. However, we have only recently the inadequacy of existing regulatory modified wildfire regime and invasion received independent evaluations of the mechanisms; or (E) other natural or of B. tectorum create a positive feedback direct relationship between the more manmade factors affecting its continued loop, it is difficult to separate out the significant threats and indicators of existence. Listing actions may be effects of each of these threat factors population viability specifically for warranted based on any of the above independently. We have attempted to Lepidium papilliferum. New evidence threat factors, singly or in combination. do so here, but much of the discussion suggests that there is a significant Each of these factors relevant to may overlap due to the inherent negative association between cover of Lepidium papilliferum is discussed synergism between these two threat nonnative plant species and wildfire below. factors. and the abundance of L. papilliferum, In addition to wildfire and nonnative such that the species appears to be in A. The Present or Threatened plants, development poses a threat to decline across its range, with adverse Destruction, Modification, or Lepidium papilliferum, both directly impacts continuing and likely Curtailment of Its Habitat or Range through the destruction of populations increasing into the foreseeable future. Several threat factors are contributing and loss of slickspot microsites, and Each of the threat factors contributing to to the destruction, modification, or indirectly through habitat fragmentation the present or threatened destruction, curtailment of Lepidium papilliferum’s and isolation (discussed separately modification, or curtailment of L. habitat or range. The sagebrush-steppe under Factor E, below). The loss of papilliferum’s habitat or range is habitat of the Great Basin where L. slickspots is a permanent loss of habitat assessed in detail below. papilliferum occurs is becoming for L. papilliferum, since the species is increasingly degraded due to the specialized to occupy these unique Modified Wildfire Regime impacts of multiple threats, including microsite habitats that were formed in Fire was historically infrequent in the the invasion of nonnative annual the Pleistocene, and once lost, desert shrublands of the Great Basin, as

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the native plant communities of the historical average of 60 to 110 years to annual grasses, invasive grasses soon native annuals and bunchgrasses did the current frequency intervals of 5 dominate the community, leading to the not provide sufficient fine fuels to carry years or less (Wright and Bailey 1982, p. establishment of an invasive grass- large scale wildfires. The bare spaces 158; Billings 1990, pp. 307-308; increased fire frequency cycle between widely spaced shrubs and Whisenant 1990, p. 4; USGS 1999; West (Whisenant 1990, p. 4; Brooks and Pyke relatively low fuel loads in such and Young 2000, p. 262; Launchbaugh 2001, p. 5; D’Antonio and Vitousek ecosystems as the sagebrush-steppe et al. 2008, p. 3; Zouhar et al. 2008, pp. 1992, pp. 73, 75; Brooks et al. 2004a, p. generally prevented fires from spreading 40-41). 678). Invasive grasses promote recurrent very far, and any fires that did burn The dramatic increase in the fires, which in turn convert high were usually restricted to relatively frequency of wildfires has a particularly diversity native shrublands to low small, isolated patches (Brookes and negative effect on the native plant diversity alien grasslands; these Pyke 2001, p. 5; Whisenant 1990, pp. 4, community in this region that has grasslands then burn more frequently 6). Natural fire return intervals in historically experienced fire relatively and expansively across the landscape, sagebrush-steppe prior to the arrival of infrequently, and thus is dominated by creating disturbance conditions that European settlers are estimated to have plants that are not adapted to short fire- promote the further expansion of the ranged from 60 to 110 years; the return intervals. Many of the native invasive grasses, and so on. This estimate for the more xeric Artemisia species of the sagebrush-steppe invasive grass-fire cycle has been tridentata ssp. wyomingensis sagebrush ecosystem are killed outright by recognized in Great Basin shrub community inhabited by Lepidium wildfires and do not have adaptations ecosystems since the 1930s (Brooks and such as underground rhizomes for post- papilliferum is estimated to have been Pyke 2001, p. 5, and references therein). fire vegetative regrowth, but must as long as 100 years (Wright and Bailey As an example, at the Snake River Birds reproduce by seed. As a result, under a 1982, p. 158) and possibly up to 240 of Prey National Conservation Area in regime of increasingly frequent fire, years (Baker 2006, p. 181). Beginning in the Snake River Plain area of southern perennial plants tend to be lost from the the early 1900s, however, the Idaho, nearly half of the native landscape (Whisenant 1990, p. 9). widespread invasion of nonnative plant sagebrush-steppe habitat (a total of Sagebrush (Artemisia spp.), for example, 494,211 ac (200,000 ha)) converted to species, particularly annual grasses such are easily killed by fire (Baker 2006, p. nonnative annual grasslands in less than as Bromus tectorum and Taeniatherum 178 and references therein; Cooper et al. 10 years by a series of 200 fires (Smith caput-medusae, has created a bed of 2007, p. 8; USDA Forest Service Fire and Collopy 1998, as cited in Brooks continuous fine fuels across the Effects Information System 2009). and Pyke 2001, p. 7). southwest Idaho landscape. The Because they are not adapted to frequent The rate of conversion from continuous fine fuels provided by these fires, sagebrush does not resprout after sagebrush-steppe to annual grasslands nonnative annual grasses result in more burning, as many fire tolerant species do continues to accelerate in the Snake frequent fires due to greater horizontal (Young and Evans 1978, pp. 283, 287; River Plain of southwest Idaho fuel continuity, increased fuel surface- Brooks and Pyke 2001, pp. 6-7; USDA (Whisenant 1990, p. 4). As the coverage to-volume ratio, and various properties Forest Service Fire Effects Information of Bromus tectorum continues to that facilitate wildfire ignition, such as System 2009), but must rely upon seed increase in the region, it is reasonable to lower moisture content and thus sources for reestablishment. Natural expect that the extent and frequency of increased flammability (Whisenant revegetation requires a nearby remnant wildfires will likewise continue to 1990, p. 6; Pellant 1996, p. 3 and seed source, as from an unburned patch increase, given the demonstrated references therein; Brooks et al. 2004a, of sagebrush, which now rarely occurs positive feedback cycle between these p. 679). Nonnative annual grasses also because of the more continuous and factors (Whisenant 1990, p. 4; Brooks provide for more continuous and extensive fires that occur if a B. and Pyke 2001, p. 5; D’Antonio and uniform fires, burning across extensive tectorum understory is present (USDA Vitousek 1992, pp. 73, 75; Brooks et al. areas of the landscape. Native Forest Service Fire Effects Information 2004a, p. 678). Climate change models bunchgrasses provide a patchy, System 2009). In addition, when fires also project a likely increase in fire discontinuous fuelbed such that fires occur as frequently as every 3 to 5 years, frequency within the semiarid Great are not easily carried and tend to burn even if seedlings should begin to grow Basin region inhabited by Lepidium only in small patches. The continuous there is not sufficient time for sagebrush papilliferum (see Climate Change under fires carried by nonnative annual to regenerate prior to the next fire cycle. Factor E, below). grasses such as B. tectorum, on the other Thus, sagebrush is eliminated from the Wildfire therefore contributes to the hand, leave few or no patches of plant community, which in turn allows continuing invasion and establishment unburned vegetation, which can inhibit for conversion to annual grassland of nonnative annual grasslands within the post-fire recovery of native (Whisenant 1990, p. 9; Pyke 2007; the range of Lepidium papilliferum, sagebrush-steppe vegetation by USDA Forest Service Fire Effects which in turn further increases the eliminating seed sources for regrowth of Information System 2009). The short likelihood of more frequent and intense the native species (Whisenant 1990, p. fire-return intervals now experienced in wildfires across the range of the species 4; Pyke 2007). Bromus tectorum, in this region prevent the sagebrush-steppe (Brooks et al. 2004a, pp. 677-687). But particular, apparently alters the soil community from recovering and wildfire’s role in promoting the invasion environment such that it creates a attaining late seral stage condition, thus of annual grasses goes beyond its positive feedback loop, enhancing the eliminating high quality habitat for L. circular positive impact on the fire environment for its own growth and papilliferum. cycle, as nonnative annual grasses and generating conditions conducive to The dramatic increase in frequency other nonnative plant species that are further invasion (Pyke 2007). As B. and extent of wildfires has contributed likely to invade following fire have tectorum has become more dominant in to the conversion of vast areas of numerous other negative effects on L. the sagebrush-steppe habitat of the sagebrush-steppe into invasive annual papilliferum, slickspots, and the Snake River Plain over the past several grasslands (USGS 1999). Since post-fire surrounding sagebrush-steppe decades, wildfire frequency intervals conditions are favorable for further ecosystem as well, as described below have become shortened from the invasion and establishment of nonnative under Invasive Nonnative Plant Species.

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Wildfire also damages biological soil statistical analysis of HII data over 5 the association with decreased crusts, which are important to the years between 1998 and 2001, areas that abundance of L. papilliferum was sagebrush-steppe ecosystem and had burned earlier in the study and similar (Sullivan and Nations 2009, p. slickspots where Lepidium papilliferum were left with depleted shrub and soil 118). occur, because the soil crusts stabilize crust did not recover (Menke and Kaye The evidence also points to an and protect soil surfaces from wind and 2006a, p. iii). Burned areas had less increase in the geographic extent of water erosion, retain soil moisture, native plant cover, greater nonnative wildfire within the range of Lepidium discourage annual weed growth, and fix plant cover, increased slickspot papilliferum. Since the 1980s, 59 atmospheric nitrogen (Eldridge and perimeter compromise (the slickspot percent of the total L. papilliferum Greene 1994 as cited in Belnap et al. boundaries lose definition), and management area acreage rangewide has 2001, p. 4; Johnston 1997, pp. 8-10; increased organic debris accumulation burned, more than double the acreage Brooks and Pyke 2001, p. 4). Fires can (Menke and Kaye 2006a, p. iii). As burned in the preceding three decades cause severe damage to soil crusts, mentioned above, analysis of additional (from the 1950s through 1970s). Based altering their ecological function and HII and HIP data from 1998 through on available information, approximately creating an opportunity for invasion by 2004 showed that burned areas had less 11 percent of the total management area weedy annual plant species (Johnston soil crust cover and greater nonnative burned in the 1950s; 1 percent in the 1997, p. 10; Brooks and Pyke 2001, p. plant cover (Menke and Kaye 2006b, p. 1960s; 15 percent in the 1970s; 26 4, and references therein). In a statistical 3). Past wildfires thus appear to have percent in the 1980s; 34 percent in the analysis of HII and HIP data between had a lasting negative impact on the 1990s; and as of 2007, 11 percent in the 1998 and 2004, burned areas had less plant community surrounding 2000s (data based on GIS fire data soil crust cover and higher nonnative slickspots, including increased provided by BLM Boise and Twin Falls plant cover (Menke and Kaye 2006b, p. nonnative species cover and decreased District; I. Ross 2008, pers. comm. and 3). In general, L. papilliferum soil crust cover (Menke and Kaye 2006b, A. Webb 2008, pers. comm., as cited in abundance is greatest in areas that also p. 19). Although we recognized wildfire Colket 2008, p. 33). Based on the have the greatest cover of soil crust as one of the primary threats affecting negative relationship observed between (Boise Foothills and Snake River Plain), the matrix habitat of L. papilliferum in fire, L. papilliferum, and habitat quality although the populations in the Owyhee our 2007 finding, at that time we did not as described above, we conclude that Plateau contrasted in showing a slightly have any data that directly tied wildfire this increase in area burned translates negative (but not statistically with a negative impact on the species into an increase in the number of L. significant) relationship with soil crust itself, as would be demonstrated, for papilliferum populations subjected to cover (Sullivan and Nations 2009, p. example, by a corresponding decline in the negative impacts of wildfire. An evaluation of Lepidium 135). Fire in the presence of shrubs, L. papilliferum abundance (72 FR 1622, papilliferum EOs for which habitat particularly sagebrush, tends to be 1635; January 12, 2007). greater in intensity, which decreases the information has been documented (79 of As discussed above, several potential for soil crust recovery 80 EOs) demonstrates that most have researchers have noted signs of (Johnston 1997, p. 11); therefore, experienced the effects of fire. Fifty-five recovery of these crusts after a fire is increased habitat degradation for of 79 EOs have been at least partially less likely in the sagebrush-steppe Lepidium papilliferum, most notably in burned (14 of 16 EOs on the Boise habitat where L. papilliferum occurs. terms of exotic species cover and Foothills, 30 of 42 EOs on the Snake Given the generally positive association wildfire frequency (e.g., Moseley 1994, River Plain and 11 of 21 EOs on the between soil crust cover and L. p. 23; Menke and Kaye 2006b, p. 19; Owyhee Plateau), and 75 EOs have papilliferum, the compromised integrity Colket 2008, pp. 33-34), but only adjacent landscapes that have at least of the microbiotic crust in response to recently have analyses demonstrated a partially burned (16 of 16 EOs on the fire likely has a negative impact on L. statistically significant negative Boise Foothills, 39 of 42 EOs on the papilliferum as well. relationship between the degradation of Snake River Plain, and 20 of 21 EOs on More frequent wildfires also promote habitat quality, both within slickspot the Owyhee Plateau) (Cole 2009b, soil erosion and consequent microsites and in the surrounding Threats Table). sedimentation, as perennial grasses that sagebrush-steppe matrix, and the In 2008, 38 of the 80 HIP transects normally limit erosion are eliminated in abundance of L. papilliferum. Sullivan were unburned, 6 were predominantly arid environments such as the and Nations (2009, pp. 114-118, 137) unburned, 5 approximately half burned sagebrush-steppe ecosystem (Bunting et found a consistent, statistically and half unburned, 13 were al. 2003, p. 82). Increased sedimentation significant negative correlation between predominantly burned, and 18 were can result in a silt layer that is too thick wildfire and the abundance of L. completely burned. Sixty-six HIP for optimal Lepidium papilliferum papilliferum across its range. Their transects had been at least partially germination (Meyer and Allen 2005, pp. analysis of 5 years of HIP monitoring burned to within 1,500 ft (500 m) 6-7). Wind erosion following wildfire data indicated that L. papilliferum (Colket 2009, p. 26). In 2007, the Inside can also remove the top silt layer of ‘‘abundance was lower within those Desert Fire on the Owyhee Plateau slickspots, exposing the clay vesicular slickspot (sic) that had previously burned 2,695 ac (1,041 ha) within layer below, as observed at HIP transect burned’’ (Sullivan and Nations 2009, p. Management Area 11, and the Elk 721 following the 2007 Murphy 137), and the relationship between L. Mountain Fire burned 11,868 ac (4,083 Complex Fire (U.S. BLM 2007, p. 23). papilliferum abundance and fire is ha) within Management Area 11; both However, effects of the loss of the upper reported as ‘‘relatively large and fires were part of the 652,016 ac slickspot silt layer on L. papilliferum are statistically significant,’’ regardless of (263,862 ha) Murphy Complex Fire in not known. the age of the fire or the number of past the Owyhee Plateau region (Colket 2009, The threats of wildfire and nonnative fires (Sullivan and Nations 2009, p. p. 65). In 2008, the first year of HIP invasive species working in concert are 118). The nature of this relationship was monitoring following the fire was considered the predominant factor not affected by the number of fires that completed in the four transects affecting Lepidium papilliferum, may have occurred in the past; whether (Transects 701, 711, 719, and 721) that particularly its habitat quality. In a only one fire had occurred or several, burned in the Murphy Complex Fire

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(Colket 2009, p. 24). All 10 slickspots at habitat before the Murphy Complex Fire approximately 11,442 ac (4,509 ha), or HIP transect 701 had been previously burned all 10 slickspots at both HIP 73 percent of the total EO area (Stoner burned before being burned again in transects (Colket 2009, p. 24). 2009, p. 48). 2007. At HIP transect 711, only 1 A 2009 geospatial data analysis Table 3 shows the evidence of slickspot had been previously burned, evaluating the total Lepidium wildfires documented through HIP but 9 of its 10 slickspots were burned papilliferum EO area affected by rangewide transect monitoring in 2008 in the Murphy Complex Fire. HIP wildfire from 1957 to 2007 found that and includes both recent and historical transects 719 and 721 were completely 107 wildfires have occurred, the fire fires. Wildfire evidence can remain on unburned high quality big sagebrush perimeters of which included the landscape for up to 20 years.

TABLE 3. EVIDENCE OF WILDFIRE DOCUMENTED AT HIP TRANSECTS IN 2008 (COLKET 2009, TABLE 5, PP. 50-62).

Adjacent landscapes within 0.31 miles (500 Physiogeographic Region Number of HIP transects Number of HIP transects Total HIP transects meters) of HIP at least partially burned not burned transects either burned or partially burned

Boise Foothills 7 3 10 10

Snake River Plain 21 26 47 38

Owyhee Plateau 14 9 23 19

TOTAL 42 (52.5 percent) 38 (47.5 percent) 80 (100 percent) 67 (84 percent)

The effects of fire disturbance and suppress wildfire and using wildfire- species cover, especially annual grasses; habitat degradation are evident in some rehabilitation activities with minimal increased sedimentation and organic of the earliest photographs of HII and ground disturbance have been effective debris accumulation in slickspots, HIP transects, which show habitats in reducing the threat of wildfire and which could alter slickspot function and lacking shrubs and dominated by the rate of spread of nonnative invasive hinder germination of L. papilliferum; Bromus tectorum. However, species (for additional information, see the loss of native matrix vegetation, photographs from the early 1990s of Wildfire Management and Post-Wildfire particularly shrubs; decreased native transects that had not burned prior to Rehabilitation section below). However, plant species diversity; decreased cover being established were comprised such intensive management is currently of microbiotic crusts; and habitat primarily of native Artemisia tridentata concentrated within L. papilliferum EOs fragmentation due to isolation of habitat with a nonnative B. tectorum or and is possible only within a limited patches following fire. Ceratocephala testiculata understory. range of L. papilliferum. This may As of 2008, 14 of 80 total HIP transects explain why the highest quality habitat Given the observed negative had changed from a higher to a lower remaining is on the OTA, where the association between the abundance of habitat quality classification since 2004, greatest infrastructure is in place to Lepidium papilliferum and the or had been partially or completely manage and control wildfires. increased frequency of fire, as well as burned (Colket 2009, pp. 8-9). The the demonstrated negative impacts of Summary of Modified Wildfire Regime photographs demonstrate that many of frequent fire on the components that the transects that burned are now The observed increases in frequency normally provide high quality habitat devoid of A. tridentata and are instead and geographic extent of wildfires, the for L. papilliferum, such as late seral dominated by B. tectorum (Colket 2009, negative consequences for L. stage sagebrush and high microbiotic pp. 63-64). papilliferum and its habitat associated crust cover, we consider the current At present, ongoing control efforts with the invasion of nonnative grasses wildfire regime to pose a significant may slow the incidence of wildfire in and wildfire, the strong positive threat to L. papilliferum. Recurrent fire some areas, but are not capable of feedback loop between wildfire and promotes the continued invasion of preventing wildfires across the range of conversion of sagebrush-steppe to nonnative annual grasses and other Lepidium papilliferum. For example, annual grasslands, and the lack of invasive nonnative plants, along with four established HIP transects on the effective rangewide control mechanisms all of their associated negative effects Owyhee Plateau burned in 2007 in the all contribute to the current modified (see Invasive Nonnative Plant Species Inside Desert and Murphy Complex wildfire regime being the greatest below). Based on the observed increases fires, even though wildfire control ongoing threat to L. papilliferum’s in the cover of Bromus tectorum measures were in place and existence. In addition, the best available throughout the range of the species, the implemented (Colket 2009, p. 24). In the data indicates that fire frequency is lack of effective control mechanisms, Snake River Plain region, portions of likely to increase in the foreseeable and projections under most climate two EOs (EO 32, EO 26) were burned in future due to increases in cover of B. change models, we expect the degree of 2006 by the Ten York Fire and Cold Fire tectorum and the projected effects of respectively. No EOs or portions of climate change (see Invasive Nonnative this threat will continue and likely known EOs are documented to have Plant Species, below, and also Climate increase within the foreseeable future. burned in the Snake River Plain and Change under Factor E, below). Ongoing The significant threat posed by the Boise Foothills regions in 2007 (U.S. habitat loss and degradation is a result current modified wildfire regime is BLM 2008a, p. 21). On the OTA, the of the current wildfire regime, which is pervasive throughout the range of the IDARNG has demonstrated intensive interrelated with several other negative species. management efforts implemented to factors, including: Increased nonnative

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Invasive Nonnative Plant Species nonnative plants as one of the primary As discussed under Modified Wildfire Invasive nonnative plants have factors degrading the quality of L. Regime above, Bromus tectorum in become established in Lepidium papilliferum’s habitat, but at the time particular has become dominant in papilliferum habitats by spreading we had no evidence demonstrating any many sagebrush-steppe habitat areas through natural dispersal (unseeded) or negative association between the during the last century due to livestock have been intentionally planted as part presence of nonnative plant species and grazing, agriculture, and wildfire of revegetation projects (seeded). either the abundance of L. papilliferum impacts (Pickford 1932, p. 165; Invasive nonnative plants can alter itself or the proportion of L. Piemeisel 1951, p. 71; Peters and multiple attributes of ecosystems, papilliferum in flower. For example, Bunting 1994, p. 34; Vail 1994, pp. 3- including geomorphology, wildfire Menke and Kaye (2006b, p. 15) 4; Brooks and Pyke 2001, pp. 4-6). Vast regime, hydrology, microclimate, originally reported no correlation areas of sagebrush shrublands have been nutrient cycling, and productivity between the abundance of L. converted to B. tectorum in the past papilliferum and weedy species cover, 2 2 (Dukes and Mooney 2003, pp. 1-35). century (about 31,000 mi (80,000 km ) either within slickspots or in the They can also negatively affect native in the Great Basin alone) (Menakis et al. surrounding matrix vegetation. plants through competitive exclusion, 2003, p. 284). Low-elevation sites, However, more recent analyses of the niche displacement, hybridization, and which are relatively dry and experience additional years of data now available competition for pollinators; examples wide variation in soil moisture, appear have revealed a significant negative are widespread among native taxa and to be more vulnerable to B. tectorum association between the presence of ecosystems (D’Antonio and Vitousek invasion than higher elevation sites weedy species and the abundance or 1992, pp. 63-87; Olson 1999, p. 5; with more stable soil moisture. Bromus density of L. papilliferum, to the point Mooney and Cleland 2001, p. 1). tectorum plants tend to be larger and that L. papilliferum may be excluded Geospatial analyses indicate that more fecund in a post-wildfire from slickspots (Sullivan and Nations environment than on unburned sites, approximately 20 percent of the total 2009, pp. 109-112). Although the area of all L. papilliferum EOs potentially leading to subsequent specific mechanisms are not well increases in density on burned sites rangewide is dominated by introduced understood, some of these plants, such invasive annual and perennial plant under favorable climatic conditions as A. cristatum and B. tectorum, are (Zouhar 2003a, as summarized in species (Stoner 2009, p. 81), and strong competitors in this arid monitoring of HIP transects rangewide Zouhar et al. 2008, p. 154). The invasion environment for such limited resources of nonnative plant species, particularly indicates that nonnative plant cover is as moisture, which tends to be continuing to increase at a relatively annual grasses, has had a greater effect concentrated in slickspots (Pyke and on the lower elevation sagebrush rapid pace (Colket 2008, pp. 1, 3). Archer 1991, p. 4; Moseley 1994, p. 8; Although, historically, disturbance of shrublands in the Snake River Plain of Lesica and DeLuca 1998, p. 4), at least Idaho that historically experienced less native communities tended to pave the in the subsurface soils (Fisher et al. way for invasion by nonnative plants, frequent fire than higher elevation sites 1996, pp. 13-16). The available in the region; the higher elevation sites today nonnative annual plants such as information, detailed below, indicates Bromus tectorum are so widespread that have higher precipitation and that nonnative plants in both slickspots historically had more fine grasses and they have been documented spreading and the surrounding matrix vegetation into areas not impacted by disturbance more frequent wildfires (Gruell 1985, are negatively affecting L. papilliferum. pp. 103-104; Peters and Bunting 1994, p. (Piemeisel 1951, p. 71; Tisdale et al. Furthermore, we now have additional 1965, pp. 349-351; Stohlgren et al. 1999, 33). These lower elevation sagebrush evidence that areas occupied by L. shrublands include the range of p. 45). The known impacts of nonnative papilliferum formerly dominated by plants on L. papilliferum are discussed Lepidium papilliferum. As detailed native vegetation are experiencing under Modified Wildfire Regime, above, in this section. relatively rapid increases in cover of One of the characteristics of slickspots the B. tectorum–fire cycle modifies and nonnative plant species; for example, degrades the native sagebrush-steppe is that they are largely devoid of native Colket (2008, pp. 1, 3) reports that 22 of ecosystems on which L. papilliferum shrubs, grasses, and forbs, with the the 80 HIP transects (28 percent) have depends, and recurrent fire prevents the exception of Lepidium papilliferum; this shown increases in nonnative plant system from achieving the late seral is one of the features that make species cover of 5 percent or more over stage condition that characterizes high- slickspots relatively easy to detect on the last 4 to 5 years. Here we discuss the quality habitat for the species. the landscape (Moseley 1994, pp. 8, 14; effects of nonnative plant species on L. Fisher et al. 1996, pp. 3-4, 11; Colket papilliferum and its habitat, detailing In addition to perpetuating the cycle 2008, p. 1). Lepidium papilliferum has the evidence related to unseeded and of increased wildfire within the range of adapted to the unique edaphic and seeded nonnative plants separately. Lepidium papilliferum, nonnative hydrological (soil and water) properties plants such as Bromus tectorum and of the slickspot microsites that it Unseeded Nonnative Invasive Plants Taeniatherum caput-medusae can have inhabits, and has thus evolved with The most common unseeded additional negative impacts on L. little competition from other native nonnative annual grasses known to papilliferum through competition, plants (Moseley 1994, p. 14). Weedy, occur in Lepidium papilliferum’s habitat displacement, and altering the nonnative plants have begun to invade include Bromus tectorum and ecological function of slickspots. these slickspots, however, including Taeniatherum caput-medusae. Annual Invasive grasses can replace native Agropyron cristatum, Bromus tectorum, nonnative forbs now commonly plants such as L. papilliferum by Lepidium perfoliatum, Ceratocephala associated with slickspots include outcompeting them for resources, such testiculata, and, in some areas, Bassia Lepidium perfoliatum, Salsola kali as soil nutrients or moisture (Brooks and prostrata (Colket 2009, p. 3; Fisher et al. (tumbleweed, also known as Russian Pyke 2001, p. 6, and references therein). 1996, p. 4; Sullivan and Nations 2009, thistle), Sisymbrium altissimum (tumble Bromus tectorum in particular appears p. 99). mustard, also known as tall tumble to displace native plants by prolific seed In our January 12, 2007, finding (72 mustard), and Ceratocephala testiculata production, early germination, and FR 1622), we recognized invasive (Colket 2009, pp. 8-9). superior competitive abilities for the

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extraction of water and nutrients transects (65 percent) had B. tectorum the Owyhee Plateau region, its (Pellant 1996, pp. 3-4; Pyke 2007). In cover of 0.5 percent or greater within increasing presence across the addition, B. tectorum is capable of slickspots in at least 1 year between landscape is indicative of degraded L. modifying the ecosystems by altering 2004 and 2008; nearly 95 percent of papilliferum habitat (Sullivan and the soil temperatures and soil water slickspots had some B. tectorum Nations 2009, pp. 136-137). Similarly, distribution (Pellant 1996, p. 4). present. If current proximity to B. survey sites on the Owyhee Plateau Evidence that B. tectorum is likely tectorum is an indicator of the from 2000 through 2002 with displacing L. papilliferum is provided likelihood of future invasion by that ‘‘abundant’’ weeds (referred to as by Sullivan and Nations’ (2009, p. 135) nonnative species, then Lepidium unseeded nonnative plants) had 26 statistical analyses of L. papilliferum papilliferum is highly vulnerable to percent fewer total L. papilliferum abundance and nonnative invasive plant future invasion by B. tectorum plants when compared to the least- species cover within slickspots. throughout its range. If the invasion of weedy sites, and more rosettes than Working with 5 years of HIP data B. tectorum continues at the rate flowering plants, indicating collected from 2004 through 2008, witnessed over the last century, an area proportionally fewer flowering L. Sullivan and Nations found that the far in excess of the total range occupied papilliferum plants (Popovich 2009, p. presence of other plants in slickspots, by L. papilliferum could be converted to 26). particularly invasive exotics such as nonnative annual grasslands within the Another nonnative annual grass, Bassia prostrata and Bromus tectorum, foreseeable future. First introduced Taeniatherum caput-medusae, overlaps was associated with the almost around 1889 (Mack 1981, p. 152), B. in both distribution and habitat complete exclusion of L. papilliferum tectorum cover in the Great Basin is requirements with Bromus tectorum. from those microsites (Sullivan and now estimated at approximately 30,888 Introduced in the late 1880s, the Nations 2009, pp. 111-112). Of all the mi2 (80,000 km2) (Menakis et al. 2003, subsequent rapid spread of T. caput- factors considered in their analysis, only p. 284), translating into an historical medusae, has caused serious the amount of B. tectorum in the plant invasion rate of approximately 257 mi2 management concerns in the Great community around slickspots showed a (666 km2) a year over 120 years. If the Basin because of its vigorous consistent relationship with the spread of B. tectorum continues at even competitive nature and ability to abundance of L. papilliferum across all half of that rate, an area equal in size to transform native shrub and perennial three physiographic regions comprising 2 2 the 2,250 mi (5,800 km ) range of L. grass ecosystems to annual grass the range of the species, and in all cases papilliferum would be invaded by B. monocultures, much like B. tectorum this relationship was significantly tectorum in less than 20 years. In (USDA Forest Service Fire Effects negative (Sullivan and Nations 2009, addition, climate change models for the Information System 2009).. pp. 131, 136-137). Great Basin region also predict climatic Taeniatherum caput-medusae cover In addition to the roughly 3.3 million conditions that will favor the growth ac (1.3 million ha) of public lands in the increases and rapidly spreads under and further spread of B. tectorum (see frequent fires at the expense of native Great Basin already dominated by Factor E, Climate Change, below). Bromus tectorum (translating to about species, and may even replace B. 5,156 mi2 or 13,354 km2), Pellant (1996, There is increasing evidence that tectorum (Hironaka 1994, pp. 89-90; p. 1, and references therein) identifies nonnative plants are invading formerly Brooks and Pyke 2001, p. 5; USDA another 76.1 million ac (30.8 million ha, sparsely vegetated slickspots (Moseley Forest Service Fire Effects Information or 119,000 mi2 (308,210 km2)) either 1994, p. 14), and the presence of these System 2009). Taeniatherum caput- infested with this nonnative grass or nonnative plants within slickspots is medusae is unpalatable to livestock and susceptible to invasion by the species, negatively associated with the has low forage value. When dry, the and suggests that the spread of B. abundance of Lepidium papilliferum dead T. caput-medusae vegetation tectorum could increase in the future (Sullivan and Nations 2009, pp. 109- decomposes slowly and forms a due to its adaptability, including the 113). Although Menke and Kaye (2006b, persistent dense litter on the soil presence of multiple genotypes. p. 15) found no significant correlation surface. Similar to B. tectorum, The dominance of Bromus tectorum between weedy species cover and either accumulated T. caput-medusae litter in an area may also be positively related abundance of L. papilliferum or enables stand-replacement fires to occur to the density of Owyhee harvester ants proportion of L. papilliferum in flower in ecosystems that are not adapted to (Pogonomyrmex salinus), which based on a single year of observations frequent fire (Brooks and Pyke 2001, p. represent an emerging threat to (2004), Sullivan and Nations’ (2009, p. 5; Norton et al. 2007, pp. 2-3; Hironaka Lepidium papilliferum. The 135) statistical analyses of plant 1994, pp. 89-90). Wildfires in T. caput- replacement of sagebrush by annual abundance and nonnative invasive plant medusae-infested areas usually grasses, such as B. tectorum, apparently species cover within slickspots (based minimally damage soil surfaces and soil creates conditions favorable to nesting on 5 years of HIP data from 2004 erosion is limited, but enough T. caput- of the native harvester ant, leading to through 2008) indicated that L. medusae seeds typically survive to expanded range and density of this papilliferum abundance decreased with produce thin, vigorous stands of T. potentially important seed predator of L. increased Bromus tectorum cover in the caput-medusae plants the following papilliferum. The invasion of B. Boise Foothills and the Snake River year. Within a few years, stand densities tectorum and other nonnative annual Plain at statistically significant levels. approach pre-fire levels, perpetuating grasses may thus exacerbate the threat There was no relationship evident on the modified wildfire regime (Hironaka posed by seed predation (see Factor C, the Owyhee Plateau; however, the 1994, pp. 89-90; Brooks and Pyke 2001, Disease or Predation, below, for details). authors note that there is little B. p. 5; Norton et al. 2007, pp. 2-3; Bradley and Mustard (2006, p. 1146) tectorum in the slickspots in that region. Chambers 2008, p. 53). As with B. found that the best indicator for Therefore, the nature of any relationship tectorum, T. caput-medusae continues predicting future invasions of Bromus in that region would be difficult to to expand its range in association with tectorum was the proximity to current detect (Sullivan and Nations 2009, p. increased fire frequency (USDA Forest populations of the grass. Colket (2009, 135). Although B. tectorum is not yet Service Fire Effects Information System pp. 37-49) reports that 52 of 80 HIP invading slickspots to a great extent in 2009).

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Other nonnative invasive species in 2009, Table 4, pp. 37-49). At this point, occurs, due to the sheer magnitude of sagebrush-steppe habitats have the a minority of transects has a high degree the problem, logistical and budgetary ability to displace native plant species, of nonnative plant cover. The evidence limitations, and the still-evolving such as Lepidium papilliferum. For indicates, however, that the degree of methodology for restoring these example, Chondrilla juncea (rush nonnative plant cover is increasing, and ecosystems to their natural condition skeletonweed) is an unseeded, can do so at a relatively rapid rate (Bunting et al. 2003, p. 82; Pyke 2007). nonnative, invasive, perennial plant (because Colket (2008, pp. 1-3) reported Seeded Nonnative Invasive Plants found in some HIP transect slickspots increases in nonnative plant species (Colket 2009, p. 8). In 2008, C. juncea cover of 5 percent or more over the span Rangeland revegetation projects on was observed during native plant of 4 to 5 years in 28 percent of the HIP public lands in southwest Idaho have surveys in the Boise Foothills to be transects formerly dominated by native included providing forage for livestock, widespread and occurring in small, low- plant species). controlling erosion, preventing wildfires, reducing nonnative annual density stands (Cole 2008, p. 13). Existing conservation measures grass density, and rehabilitating Ongoing recreation-related soil designed to reduce the potential adverse watersheds. To meet these revegetation disturbance from pedestrians and effects of nonnative, unseeded species objectives, land managers often plant cyclists will likely encourage C. juncea are addressed in three conservation nonnative species, which can invasion into L. papilliferum sites (Cole documents (CCA, U.S. Air Force 2008, p. 13). Chondrilla juncea moves outcompete native species and result in Integrated Natural Resource decreased biodiversity (summarized by into new areas primarily through wind- Management Plan (INRMP), and transported seed dispersal and root Harrison et al. 1996; Beyers 2004, p. IDARNG INRMP) that apply to 953). For example, Agropyron cristatum, fragment transport, but persists and approximately 98 percent of Lepidium expands primarily through bud a forage species that was once papilliferum’s occupied range. The CCA commonly planted in revegetation formation on root systems of established includes conservation measures plants (Kinter et al. 2007, p. 393; USFS projects within the range of Lepidium designed to protect remnant blocks of papilliferum, is a strong competitor, and 2009). Disturbance to aboveground C. native vegetation, prioritize weed juncea plants stimulates formation of its seedlings are better than some native control measures at L. papilliferum EOs, species at acquiring moisture at low root buds, making this invasive plant develop and implement protective weed difficult to control, and potentially temperatures (Pyke and Archer 1991, p. control techniques, describe 4; Lesica and DeLuca 1998, p. 1; allowing this nonnative invasive plant revegetation requirements for disturbed Bunting et al. 2003, p. 82). We now to displace L. papilliferum. areas, educate the public on nonnative know that when A. cristatum is present Examining the presence of Bassia species and their spread, use vehicle in a slickspot, L. papilliferum tends to prostrata, Bromus tectorum, Agropyron wash points and stations, and support be few in numbers or absent altogether cristatum, total seeded nonnative research and funding for nonnative (Sullivan and Nations 2009, p. 109), plants, total unseeded nonnative plants, species control (State of Idaho et al. indicating that A. cristatum is likely and biological crust cover, Sullivan and 2006, pp. 131-132). The military also displacing L. papilliferum. Thinopyrum Nations (2009, p. 109) concluded that has a number of ongoing efforts to intermedium (intermediate wheatgrass, ‘‘near mutual exclusivity of these plants suppress nonnative species on U.S. Air formerly Agropyron intermedium) has (excepting biological crust) and Force and IDARNG managed lands. All also been seeded in some southern slickspot peppergrass is a dominant military vehicles entering the IDARNG’s Idaho rangeland areas, including the pattern.’’ Although, historically, few OTA from areas more than 50 mi (80.4 Owyhee Plateau region, where it is species other than L. papilliferum were km) away are washed at a high-pressure found in L. papilliferum sites on U.S. found in slickspots, nonnative plant wash-rack facility to prevent weed seed Air Force (CH2MHill 2008a, p. 5) and species now appear to be displacing L. introduction. Small patches of noxious BLM lands (ERO Resources Corporation papilliferum from its specialized weeds are hand-pulled when they are 2008, p. 10; Colket 2009, pp. 37-49). slickspot microsite habitats. The results found by IDARNG staff, and other larger One long-term research study (73 years) from 2008 HIP monitoring revealed that noxious weed sites on the OTA are conducted in Utah, Idaho, and Nevada all 80 HIP transects (10 transects on the reported annually to BLM for treatment found that once established, T. Boise Foothills, 48 transects on the (IDARNG 2004, p. 67). The U.S. Air intermedium and Bromus inermis Snake River Plain and 22 transects on Force tries to reduce the impacts of (smooth brome) dominate a site and the Owyhee Plateau) monitored within exotic annual species by reseeding suppress not only other herbaceous 54 EOs had some nonnative, unseeded disturbed areas with native vegetation to species, but also Artemisia spp. and plant cover (Colket 2009, Table 4, pp. the maximum extent practicable, Purshia tridentata (bitterbrush) 37-49). Within some transects, the eradicating noxious weeds prior to their recruitment (Monson 2002, p. 2). amount of nonnative plant cover within spreading, and requiring the cleaning of Natural recruitment of native species on slickspots was high. For example, U.S. Air Force vehicles and equipment the U.S. Air Force’s Juniper Butte Range within the Boise Foothills, 1 of 10 HIP on a wash rack upon return to the base. in the Owyhee Plateau region is transects had 85 percent nonnative The U.S. Air Force avoids the use of impeded by establishment of T. plant cover and 1 of 10 transects had pesticides within 25 ft (8 m) of intermedium (CH2MHill 2008a, p. 17). nonnative plant cover between 25 and slickspots and uses pesticides only if The introduction of these nonnative 50 percent of the transect. On the Snake wind conditions are favorable (directed plants and consequent displacement of River Plain, 2 of 48 transects had away from the slickspot) to prevent the the native species that comprise late nonnative plant cover between 25 and loss of L. papilliferum (U.S. Air Force seral stage sagebrush habitat contributes 50 percent of the transect. Unseeded 2004, pp. R-4, R-5). While these efforts to the ongoing degradation and loss of nonnative invasive plant cover was are beneficial, their effectiveness is quality habitat for Lepidium lowest in the Owyhee Plateau, where limited by the challenge of controlling papilliferum. none of the 22 HIP transects had or eliminating invasive nonnative plants In addition to contributing to the unseeded nonnative invasive plant from all the sagebrush-steppe degraded condition of Lepidium cover greater than 10 percent (Colket ecosystems where L. papilliferum papilliferum habitat in general, the best

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available data suggest that there may be Although Bassia prostrata has not with nonnative, seeded plant cover in a negative relationship between seeded been observed at the HIP transects on 2008, and the Snake River Plain region nonnative plant species and the the OTA (ICDC 2007b, p. 1), it has been having only 4 of 48 transects with abundance of L. papilliferum. Statistical documented on five HIP monitoring nonnative, seeded plant cover in 2008. analyses of habitat type and L. transects in the Snake River Plain region In general, the documented percentage papilliferum abundance from surveys at least once between 2004 and 2008. of nonnative plant cover in the 2008 HIP conducted from 2000 through 2002 in While the majority of these transects transect monitoring is attributable to the Owyhee Plateau region indicated have less than 1 percent cover of B. Agropyron cristatum, except for one site that the number of L. papilliferum prostrata, one transect (19B) is in the Snake River Plain region that plants per site was three times higher in documented as having up to 38.5 contains 14.1 percent cover in Bassia native sagebrush-steppe habitat areas or percent cover of B. prostrata within prostrata, down from 38.5 percent cover burned areas that had not been seeded slickspots (Colket 2009, Table 4, p. 39). in 2007 (Colket 2009, p. 39). compared to areas seeded with In 2006, five new observations of B. Approximately 80 percent (9,163 ac Agropyron cristatum (Popovich 2009, p. prostrata occurring within slickspots (3,708 ha)) of the Juniper Butte Range is 25). Similarly, the density of L. were documented at four HIP transects dominated by nonnative perennial plant papilliferum plants was nearly twice as in the Snake River Plain region and one communities as a result of past wildfire high in a site dominated by native HIP transect in the Boise Foothills rehabilitation efforts (U.S. Air Force grasses than in a site that had been region, in addition to the three HIP 1998, pp. 3-120 to 3-121). seeded with A. cristatum on the transects located on the Snake River Increases in cover of invasive, Owyhee Plateau (Young 2007, p. 28). Plain region, where it was previously nonnative, seeded grass species may Rangewide, there was no statistical observed. Four of these five B. prostrata also be problematic for Lepidium relationship between A. cristatum cover observations were in permanently papilliferum. After HIP transect 715 was and L. papilliferum abundance based on marked slickspots on HIP transects. As fenced in 2005, Agropyron cristatum 2004 through 2008 HIP data (Sullivan B. prostrata had not been detected in the cover increased so much that the and Nations 2009, p. 136). Although the general occurrence area or along the slickspots were barely visible in 2008 data regarding A. cristatum in the vegetation transect before it appeared in (Colket 2009, p. 23). The number of L. surrounding plant community thus the slickspots, this indicates that B. papilliferum individuals at HIP transect appear to be somewhat equivocal, the prostrata can invade formerly 715 ranged from 224 to 273 in 2004 and evidence suggests that A. cristatum unoccupied slickspots quickly. was 286 in 2005, but these numbers successfully competes with and Expansion of seeded B. prostrata into dropped to 16, 17, and 10 plants in ultimately displaces L. papilliferum unseeded areas could be detrimental to 2006, 2007, and 2008, respectively. It is once it invades occupied slickspots Lepidium papilliferum and its habitat, unclear whether this decrease in the (Sullivan and Nations 2009, p. 109). due to its rapid growth within slickspots number of L. papilliferum plants is and ability to replace L. papilliferum related to the increase in A. cristatum Bassia prostrata is another nonnative within slickspots (ICDC 2007a, p. 29; cover and associated litter cover in the species that has been used for rangeland see also discussion above). In addition, slickspots (Colket 2009, p. 23). habitat restoration. Abundant numbers between 2004 and 2008, B. prostrata Although nonnative seed was of B. prostrata plants have been was documented in the general area formerly used extensively for observed (greater than 1,000 plants) in around six HIP transects (but not within revegetation projects, currently the relatively small slickspots, and B. the slickspots themselves, as above); trend is toward increased use of native prostrata is documented as a direct five of these six observations were first seed. Management practices involving competitor with Lepidium papilliferum detected in 2008 (Colket 2009, Table 4, the use of nonnative seed vary among in slickspots (DeBolt 2002; Quinney pp. 38-46), indicating that this invasive the land management agencies. As 2005). An evaluation study of the Poen species is quickly moving into areas specified in a Conservation Agreement Fire rehabilitation project located in the where it has not been observed before between the BLM and the Service (U.S. Snake River Plain region documented and that currently support L. BLM and FWS 2006, p. 17), Bassia the loss of L. papilliferum along five papilliferum. Bassia prostrata is also prostrata is not recommended for monitoring transects, coupled with a documented to occur in slickspots in rehabilitation projects within the range dramatic increase in B. prostrata over a areas that had not been seeded with this of Lepidium papilliferum, although it 6–year period following aerial seeding invasive forb species after the Poen Fire may be used as a last resort species for after the fire (DeBolt 2002). (DeBolt 2002), indicating the species is stabilization projects adjacent to L. Observations of four slickspots spreading on its own. papilliferum habitat. BLM emphasizes supporting both L. papilliferum plants The 2008 HIP monitoring results the use of native plants, including forbs, and B. prostrata plants in 2000 were revealed that, of the 80 HIP transects in seed mixes and avoids the use of void of L. papilliferum and dominated monitored within 54 EOs, 18 transects invasive nonnative species when by B. prostrata in 2005 (Quinney 2005). had some level of nonnative, seeded possible (State of Idaho et al. 2006, p. Sullivan and Nations (2009, pp. 110- plant cover (Colket 2009, Table 4, pp. 26). In January 2004, the BLM issued an 112) also found that L. papilliferum was 37-49). For example, seeded nonnative Instruction Memorandum directing absent from slickspots when B. invasive plant cover was highest on the employees to comply with CCA prostrata was present; this relationship Owyhee Plateau region, where 4 of 22 requirements for emergency was particularly strong on the Snake transects had nonnative, seeded species stabilization and wildfire rehabilitation River Plain, which comprises more than cover between 5 and 10 percent and 11 activities (State of Idaho et al. 2006, p. 80 percent of the EO area for L. of 22 transects had nonnative, seeded 71). Use of native species in extensive papilliferum. These observations all plant cover below 1 percent (Colket wildfire rehabilitation projects varies indicate that B. prostrata is a strong 2009, Table 4, pp. 46-49). Nonnative, based on native seed availability and competitor with L. papilliferum in seeded plant cover is minimal in the site conditions that may affect seeding slickspots and is capable of excluding L. remainder of the range of Lepidium success rates. For example, the 2007 papilliferum from slickspots within a papilliferum, with the Boise Foothills Murphy Complex Fire burned a portion short period of time. region only having 3 of 10 HIP transects of areas occupied by L. papilliferum in

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the Owyhee Plateau region. Seed use native species and broadcast rapid increases in the cover of mixtures for emergency stabilization seeding, collecting, and planting small nonnative plant species (Colket 2008, p. and restoration efforts used both native amounts of native seed not 1, 33). Regarding B. tectorum in and non-invasive nonnative species; commercially available and will particular, vast areas of the Great Basin however, BLM did not use any monitor the success of seeding efforts are already dominated by this nonnative Agropyron cristatum, B. prostrata, or (IDARNG 2004, p. 72-73). Since 1991, annual grass, and projections are that far Thinopyrum intermedium seed in the the IDARNG, using historical records, greater areas are susceptible to future Murphy Complex Fire restoration effort has restored several areas using native invasion by this species (Pellant 1996, (U.S. BLM 2008a, p. 1). In contrast, 120 seed and vegetation that was present p. 1). In addition, most climate change ac (48.6 ha) that burned in the 2005 prior to past wildfires. The IDARNG models project conditions conducive to North Ham Fire, located within continues to use restoration methods the further spread of nonnative grasses Management Area 10 in the Snake River that avoid or minimize impacts to L. such as B. tectorum in the Great Basin Plain region, was drill-seeded with a papilliferum or its habitat, with an desert area occupied by L. papilliferum nonnative, perennial grass-seed mixture emphasis on maintaining species in the decades to come (see Climate comprised of 50 percent A. cristatum present in presettlement times (IDARNG Change under Factor E, below). and 50 percent Psathyrostachys juncea 2004, p. 73). Given the observed negative (Russian wildrye) (U.S. BLM 2008a, p. Summary of Invasive Nonnative Plant association between the abundance of 16). Drill and aerial seedings Species Lepidium papilliferum and invasive implemented in 2006 and 2007 in Invasive nonnative plant species pose nonnative plants both within slickspot response to the Cold Fire (also in microsites and in the surrounding plant Management Area 10) included both a serious and significant threat to Lepidium papilliferum, especially when community, the demonstrated ability of native and nonnative seed mixtures. In some nonnative plants to displace L. some cases, BLM determined post- the synergistic effects of nonnative, annual grasses and wildfire are papilliferum from slickspots, and the wildfire seedings using nonnative recognized contribution of nonnative species were preferable due to their considered. Invasive, nonnative, unseeded species that pose threats to L. plants such as Bromus tectorum to the ability to compete successfully with the increased fire frequency that high density of Bromus tectorum papilliferum include the annual grasses additionally poses a primary threat to present in some L. papilliferum MAs Bromus tectorum and Taeniatherum the species, we consider invasive (U.S. BLM 2008a, p. 24). caput-medusae that are rapidly forming Although the use of native plant monocultures across the southwestern nonnative plants to pose a significant species for post-wildfire rehabilitation Idaho landscape. Nonnative plant threat to L. papilliferum. Nonnative projects is preferable, there have been species contribute to increased fire grasses such as B. tectorum may ongoing problems with the availability frequency, alter ecological function, additionally play a role in increased and high cost of native seed (Jirik 1999, outcompete and displace native plant seed predation that poses a threat to L. p. 110; Brooks and Pyke 2001, p. 9; species, and degrade the quality and papilliferum by providing habitat for the Zouhar et al. 2008, p. 265). In recent composition of sagebrush-steppe habitat expansion of native harvester ant years, BLM has been investing more for L. papilliferum. The presence of B. colonies (see Factor C, Disease or resources in securing native seed and tectorum in the surrounding plant Predation, below). Currently, there are stock reserves through the Great Basin community shows a consistently no feasible means of controlling the Native Plant Selection and Increase significant negative relationship with spread of B. tectorum or the subsequent Project and the Great Basin Restoration the abundance of L. papilliferum across increases in wildfire frequency and Initiative. Consequently, more native all physiographic regions (Sullivan and extent once B. tectorum is established seed and plant sources are available for Nations 2009, pp. 131, 137), and a on a large scale (Pellant 1996, pp. 13-14; ongoing and future restoration efforts for significant negative relationship with L. Menakis et al. 2003, p. 287; Pyke 2007). sagebrush-steppe habitat, but more papilliferum abundance within The eradication of other invasive progress is needed to ensure the slickspots in the Snake River Plain and nonnative plants poses similar availability and affordability of native Boise Foothills regions (Sullivan and management challenges, and future land seed for restoration efforts. Nations 2009, p. 112). These results management decisions will determine The U.S. Air Force and the IDARNG contrast with the information that was the degree to which seeded nonnative have ongoing efforts to address invasive, available to us at the time of our 2007 plants may affect L. papilliferum. Based nonnative, seeded plants on their finding, which did not indicate any on the lack of effective control managed lands. The U.S. Air Force uses statistically significant relationship mechanisms, the demonstrated both native and nonnative, non-invasive between invasive nonnative plants and increases in nonnative plant cover in plant materials and does not use Bassia the abundance of L. papilliferum, either the range of the species, and the likely prostrata, Thinopyrum intermedium, or in slickspots or in the surrounding plant increases in cover of B. tectorum and salt-tolerant species such as Atriplex community (72 FR 1622, p. 1635; other nonnative plant species predicted canescens (four-wing saltbush) in their January 12, 2007). Additionally, we based on their successful invasive restoration and revegetation efforts, with have increasing evidence that nonnative characteristics and models of climate native plants used to the maximum plants are invading the slickspot change, we expect the degree of the extent practicable and in concert with microsite habitats of L. papilliferum threat from invasive nonnative plant the military mission for rehabilitation (Colket 2009, Table 4, pp. 37-49) and species to continue and likely increase efforts on its lands on the Owyhee successfully outcompeting and within the foreseeable future. We Plateau (U.S. Air Force 2004, p. R-4). displacing the species (Grime 1977, p. consider invasive nonnative plants, in The IDARNG INRMP for the OTA on the 1185; DeBolt 2002, in litt; Quinney conjunction with the modified wildfire Snake River Plain includes objectives 2005, in litt; Sullivan and Nations 2009, regime, to pose the greatest threat to the for maintaining and improving p. 109). Monitoring of HIP transects viability of L. papilliferum. The Lepidium papilliferum habitat and shows that L. papilliferum-occupied significant threat posed by invasive restoring areas damaged by wildfire. sites that were formerly dominated by nonnative plants is pervasive The plan specifies that the IDARNG will native vegetation are showing relatively throughout the range of L. papilliferum.

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Development definition, are 640 ac (259 ha) or larger recent disturbance (that is, power lines; Development, as defined for HIP and do not include smaller roads were considered an historical monitoring purposes, includes developments, such as subdivisions disturbance) suggests that future buildings, roads, water tanks, utility (State of Idaho 2008). Developments of placement of either roads or power lines lines, railroad tracks, and fences (Colket this nature likely lead to the extirpation would very likely result in invasion by 2009, Appendix A, HIP Protocol, p. 12). of populations through permanent B. tectorum. Agricultural development is recorded habitat conversion; they may also Increased urban and residential under a separate category. Residential, indirectly impact L. papilliferum, as development also increases the commercial, and agricultural described below. While it is unlikely probability of human-ignited wildfires, development prior to 1955 has been that all of these planned communities presumably by increasing the area of the urban-wildland interface (e.g., Keeley et reported as the cause for five will move forward in the near future al. 1999, p. 1829; Romero-Calcerrada et documented and four probable due to the current economic climate, the al. 2008, pp. 341, 351; Syphard et al. extirpations of Lepidium papilliferum scale of potential future residential and 2008, pp. 610-611). Increases in human (Colket et al. 2006, p. 4). All forms of commercial development may impact habitation and activity in the rangelands development can affect L. papilliferum several of the remaining L. papilliferum of southern Idaho have contributed to and slickspot habitat, whether directly populations across the range of the the increase in wildfire starts in recent or indirectly, through habitat conversion species (State of Idaho 2008). Indirect effects to Lepidium years. For example, in the Jarbidge Field (resulting in direct loss of individuals papilliferum are a likely consequence of Office area of the BLM (Owyhee Plateau and permanent loss of habitat), or the linear infrastructure associated with region), where 21 of 80 total EOs are through habitat degradation and urban and residential development. In found, 43 percent of the wildfires fragmentation as a result of consequent 2006, utility lines and accompanying occurring since 1987 were human- increased nonnative plant invasions, roads were documented running caused (Launchbaugh et al. 2008, p. 3). increased ORV use, increased wildfire, through at least four EOs, natural gas Proximity to urban areas and roads can and changes to insect populations (ILPG pipelines were documented running be an important causal factor associated 1999, pp. 1-3; Robertson and White through two EOs, and existing roads with wildfire ignitions (Kalabokidis et 2007, pp. 7, 13). bisect at least six EOs (Colket et al. al. 2002, p. 6; Brooks et al. 2004b, p. 3; The most direct impact of 2006, Appendix C). Additional Romero-Calcerrada et al. 2008, p. 351; development is the outright loss of infrastructure associated with the Syphard et al. 2008, pp. 610-611). Lepidium papilliferum populations due planned development projects described Many of the ongoing and planned to habitat conversion, such as when above is expected. developments will require the habitat occupied by L. papilliferum is In addition to direct habitat construction of power, gas, and other converted to a residential development destruction and associated loss of transmission lines, as well as new road or an agricultural field, resulting in the individual L. papilliferum plants, utility construction, which will impact and permanent loss of the plant population corridors and roads may allow increased fragment Lepidium papilliferum and the habitat. As mentioned above, ORV access, resulting in potential habitats. In addition, several interstate- development has been documented as destruction or degradation of slickspots utility activities within the range of L. the cause of several population and possible direct mortality of papilliferum have been proposed, extirpations of L. papilliferum in the individuals of L. papilliferum. They including a new electric transmission past, and at present, there are 10 may also increase the chance of line between Boardman, Oregon, and approved or proposed development nonnative plant invasions (most notably Murphy, Idaho (Boardman Hemingway projects located in the Boise Foothills Bromus tectorum, as described above), project); a new transmission line and Snake River Plain regions, all human-ignited wildfires, and contribute between Casper, Wyoming, and within the LEPA Consideration Zone to habitat fragmentation and its Murphy, Idaho (Gateway West project); (an area that contains Lepidium associated consequences. The effects of and a natural gas pipeline proposed, but papilliferum identified within the CCA) these threats are summarized here, and currently on hold, that would run from (State of Idaho 2008). These activities additional details are provided under Opal, Wyoming, through southern Idaho include four approved, planned Invasive Nonnative Plant Species and and end in Stanfield, Oregon (Sunstone residential communities in Ada County Current Wildfire Regime, above, and Pipeline project) (State of Idaho 2008). totaling 4,062 ac (1,644 ha), and six Factor E, Habitat Fragmentation, below. The proposed route of the Gateway West other development projects submitted Transportation and utility corridors Transmission Line project currently for approval to Ada County totaling associated with urban and residential bisects habitat occupied by L. 9,831 ac (3,978 ha). This area is in the development can increase the spread of papilliferum. Boise Foothills, which, although it nonnative invasive plants. Roads appear Insect populations may also be represents a relatively small geographic to create avenues for invasion by affected by development, potentially extent of L. papilliferum’s range, Bromus tectorum, for example, because impacting the primary vector of supports the most dense and regionally there is generally a positive significant pollination and genetic exchange for abundant populations of the species association between nonnative, Lepidium papilliferum. Insect densities (Sullivan and Nations 2009, p. 103). disturbance-tolerant species such as B. have been documented as being lower Several other planned communities on tectorum and proximity to roads in developed areas than in native an additional 44,500 ac (18,008 ha) are (Forman and Alexander 1998, p. 210; habitats (Gibbs and Stanton 2001, p. 82; proposed, but have not yet been Gelbard and Belnap 2003, pp. 424-425, McIntyre and Hostetler 2001, p. 215; submitted for County or other planning 430-431; Bradley and Mustard 2006, p. Zanette et al. 2005, p. 117; Clark et al. agency approval. In addition, large-scale 1142). Bradley and Mustard (2006, p. 2007, p. 333). Changes in native habitat planned communities have been 1146) found an even stronger caused by ongoing development or proposed for the southern portion of the association between the presence of B. conversion of lands to agriculture may Snake River Plain region in Elmore tectorum and power-line corridors, and impact insect pollinator populations by County. These numbers reflect only they suggest that the stronger removing specific food sources or planned communities which, by relationship between B. tectorum and habitats required for breeding or nesting

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(Kearns and Inouye 1997, p. 298; slickspot microsites. Slickspots and the populations of L. papilliferum in McIntyre and Hostetler 2001, p. 215; their unique edaphic and hydrological these regions, nor do we consider the Zanette et al. 2005, pp. 117-118). characteristics are products of the threat of development to be equal to the Habitat isolation and fragmentation Pleistocene, and they likely cannot be magnitude and intensity of the primary resulting from development may also recreated on the landscape once lost. threats of the modified wildfire regime impact L. papilliferum by decreasing The potential loss of slickspots, and invasive nonnative plants. We pollination from distant sources, particularly those slickspots that are consider development to pose a possibly resulting in decreased occupied by the species and thus clearly significant but lesser threat to the reproductive potential (e.g., lower seed have the ability to provide the requisite species. set) and reduced genetic diversity (see conditions to support L. papilliferum, is Livestock Use Habitat Fragmentation and Isolation of therefore of great concern in terms of Small Populations, under Factor E, providing for the long-term viability of Livestock use in areas that contain below). Reductions in pollinators due to the species. In addition, since not all Lepidium papilliferum has the potential development could thus potentially slickspots have above-ground plants in to result in both positive and negative impact L. papilliferum reproductive all years (see Background section, effects on the species, depending on success as well as contribute to reduced above), even the loss of currently factors such as stocking rate and season genetic variability, as the plant is unoccupied slickspots may represent of use. Herbivory by livestock does not dependent on insect pollination for the permanent loss of a finite appear to be a problem, as L. successful reproduction and the transfer specialized microhabitat that has the papilliferum seems to be largely of genetic material between populations. potential to support the species. unpalatable to anything but insects (see Ongoing and planned residential and Development additionally has the Factor C, Disease or Predation, below). urban development currently threaten potential for more indirect impacts to Livestock herbivory of invasive the long-term viability of Lepidium the species, by contributing to increased nonnative plants, especially annual papilliferum occurrences on private habitat fragmentation, nonnative plant grasses such as Bromus tectorum, is land, primarily in the Snake River Plain invasion, human-caused ignition of suggested as one of the potential and Boise Foothills regions (Moseley wildfires, and potential reductions in benefits of livestock use that may 1994, p. 20; State of Idaho 2008; Stoner the population of insect pollinators. contribute to the restoration of the 2009, pp. 13-14, 19-20). All or portions Based on the best available sagebrush-steppe ecosystem (e.g., of 12 L. papilliferum EOs covering 224 information, past development has Pellant 1996, pp. 6, 10, 13). At the same ac (90.7 ha) (1.0 percent of the total area eliminated some historical Lepidium time, livestock use may have negative of all EOs - not including EOs managed papilliferum EOs, and planned and effects on L. papilliferum. Trampling by cities or counties) occur on private proposed future developments threaten from livestock may result in direct land subject to development. Two of several occupied sites in the Snake damage or mortality of individual L. these 12 EOs are smaller than 1 ac (0.4 River Plain and Boise Foothills regions. papilliferum plants, and the mechanical ha) and are classified as having fair to Most of the recent development has disturbance damages the slickspot soil poor habitat quality (INHP data as of primarily occurred on the Snake River layers, altering slickspot function and January 14, 2009); therefore, these EOs Plain and Boise Foothills regions, which creating conditions conducive to the are particularly vulnerable to collectively comprise approximately 83 invasion of weedy nonnative plants. extirpation through development. percent of the extent of EOs; Trampling damage to individual L. Surveys conducted in 2008 documented development has not been identified as papilliferum plants appears to be that 21 of 80 HIP transects rangewide an issue on the Owyhee Plateau (Stoner relatively isolated, and occasional are located within 213 ft (65 m) of 2009, pp. 13-14, 19-20). We are aware of damage or mortality of individual development, and 66 of 80 HIP transects 10 approved or proposed development above-ground plants is probably not of were within 1,640 ft (500 m) of projects planned for these regions (State much consequence to the species as a development. Proximity to development of Idaho 2008, pp. 3-5), which would whole, because studies and modeling of carries increased risk of mechanical affect 13 out of 80 EOs (16 percent of L. papilliferum’s life cycle indicate that disturbances (such as from ORV use), EOs). Though these developments are the persistence of the plant is largely increased risk of wildfire ignition and not certain to occur, they represent the dependent on the proliferation of the invasion by nonnative plant species, as likely location and magnitude of seed bank (Palazzo et al. 2005, pp. 2-4, discussed above, and possibly decreases development over the foreseeable 8-9; Meyer et al. 2006, p. 900). If in the diversity or abundance of future. Development of sagebrush- trampling results in the mortality of pollinators as well as vulnerabilities steppe habitat is of particular concern in individual plants prior to seed set, associated with fragmentation and the Boise Foothills region, which, however, that will have a negative isolation of small populations, as although relatively limited in its impact on the persistence of the seed discussed under Factor E, below. geographic extent, supports the highest bank itself by reducing the number of abundance of L. papilliferum plants per seeds added. Summary of Development HIP transect (Sullivan and Nations Livestock trampling can also disrupt Although the threat of development is 2009, pp. 3, 103, 134). the soil layers of slickspots, altering relatively limited in scope, the impact of We consider development to be a slickspot function (Seronko 2004; Colket development on Lepidium papilliferum significant threat within the Boise 2005, p. 34; Meyer et al. 2005, pp. 21- can be severe, potentially resulting in Foothills and Snake River Plain portions 22). Trampling when slickspots are dry the direct loss of individuals, and of the range of Lepidium papilliferum, can lead to mechanical damage to the perhaps more importantly, the as the outcome of this threat is severe slickspot soil crust, potentially resulting permanent loss of its slickspot microsite where it occurs and likely results in the in the invasion of nonnative plants and habitats. The destruction of slickspots is permanent loss of populations and altering the hydrologic function of of concern due to the finite nature of irreplaceable slickspot microsite slickspots. In water-saturated slickspot this limited resource. As described in habitats. However, this threat is not so soils, trampling by livestock can break the Background section, L. papilliferum imminent or sweeping in scope as to through the restrictive clay layer; this is occurs primarily in these specialized pose an immediate risk of extirpation to referred to as penetrating trampling

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(State of Idaho et al. 2006, p. 9). Penetrating trampling by livestock 2007, p. 19). Further research is needed Trampling that alters the soil structure may have a potentially detrimental to determine if higher levels of and the functionality of slickspots effect on Lepidium papilliferum; trampling, greater mean hoof print (Rengasamy et al. 1984, p. 63; Seronko however, these effects appear to be depths, or more frequent trampling 2004) likely impacts the suitability of seasonal (most detrimental when soils treatments may affect L. papilliferum these microsites for L. papilliferum. are wet in the spring) and localized in abundance (Young 2007, pp. 19-20). The Trampling can also negatively affect the nature. While we acknowledge that ability to discern any livestock seed bank by pushing seeds too deeply livestock use may have negative impacts trampling effects was limited since all into the soil for subsequent successful on individual slickspots, statistical study areas were grazed 2 to 4 years germination and emergence. Meyer and analyses of monitoring data available at prior to initiation of the study. Allen (2005, pp. 6-8) found that seed this time have not demonstrated a Livestock trampling events most emergence success decreased with significant correlation between livestock likely to adversely affect Lepidium increasing depth in the soil, from a use and the abundance of L. papilliferum usually occur when large mean of 54 percent at the shallowest papilliferum on a rangewide basis. In a numbers of livestock are concentrated planting depth of 0.1 in (2 mm) to a statistical analysis of HII data from 1998 on or around slickspots that are mean emergence success of 5 percent at to 2001, recent livestock use did not saturated with water (Hoffman 2005; 1.2 in (30 mm) planting depth. appear to have any effect on Lepidium Meyer et al. 2005, pp. 21-22). Saturated Two documented incidents suggest papilliferum, slickspot attributes, and conditions typically exist for short periods each year and may never occur that trampling has the potential to plant community attributes (Menke and in some (drought) years (Hoffman 2005). negatively affect L. papilliferum, as Kaye 2006a, p. iii). The evidence from Under the CCA, penetrating trampling is penetrating livestock-trampling events this study is not strong, however, as the monitored to avoid livestock-related at sites occupied by L. papilliferum analysis of grazing impacts were limited impacts to slickspots containing L. were followed by large reductions in to areas that had already been burned papilliferum. Penetrating trampling is plant abundance in subsequent years, in and had likely been previously grazed defined by the CCA as breaking through one case going from thousands of plants (Menke and Kaye 2006a, pp. 18-19). the restrictive layer (i.e., the middle annually to fewer than 10 plants These researchers recommended layer of slickspot soil that supports L. recurring each year (Robertson 2003b, p. additional analysis to confirm their findings (Menke and Kaye 2006a, p. iii). papilliferum, as described by Meyer and 8; Meyer et al. 2005, p. 22). Trampling Allen 2005, p. 3) under the silt surface has been suggested as the likely cause Later statistical analyses using additional years of rangewide HIP data, area of a slickspot during saturated of the ensuing population reductions in conditions (State of Idaho et al. 2006, p. these two incidents, but as these were based on 4 years (2005 to 2008) and 5 years (2004 to 2008) of livestock use, 9). Predicting when soils will be wet in observational reports, it is not known a climate with few and inconsistent whether other factors may have also also showed no significant relationships between L. papilliferum abundance and precipitation events is difficult. acted on these populations. A third Supplemental salt and watering sites incident occurred in 2005 at a HIP penetrating livestock trampling in slickspots (Salo 2009, p. 1; Sullivan and can alter livestock distribution, and transect monitoring in EO 68, in the depending on location, can increase or New Plymouth Management Area of the Nations 2009, p. 122), or between L. papilliferum abundance and total decrease trampling of slickspots. As Boise Foothills region. In this incident, described below, protective measures livestock-print cover or livestock-feces penetrating livestock trampling was provided in several of the existing cover in slickspots (Sullivan and observed in 3 of 10 slickspots on the conservation plans for L. papilliferum Nations 2009, p. 122). Statistical transect to a depth of 3 in (8 cm), but are designed specifically to prevent or analyses of L. papilliferum data from 3 not to the extent that the livestock minimize the impacts to the species years of surveys on the Owyhee Plateau penetrating-trampling trigger was from livestock trampling, particularly (2000-2002) showed that sites with low tripped (the trampling ‘‘trigger’’ refers to during the seasons when slickspot soils levels of livestock trampling exhibited a threshold for trampling set in the CCA, are wet and most susceptible to damage. and is defined as breaking through the greater numbers of L. papilliferum There are also indirect effects from restrictive layer under the silt surface plants (averaging twice the total number livestock use that have impacted the area of a slickspot during saturated of plants) than sites with high levels of sagebrush-steppe ecosystem. Livestock conditions; State of Idaho et al. 2006, p. trampling, although these results were use has been suggested as a contributing 9). Since that time, L. papilliferum statistically significant for only the year factor to the spread of both native and numbers at this transect were 2000. A significant positive relationship invasive nonnative plant species (e.g., substantially reduced, going from was also found between L. papilliferum Young et al. 1972, pp. 194-201; Hobbs between 631 to 1,277 plants observed in abundance and distance to water and and Huenneke 1992, p. 329; Frost and 2004 to a total of 9 plants in 2005 and salt stations for use by livestock, with Launchbaugh 2003, pp. 43-45; Loeser et 3 plants in 2006. Similar reductions in total plant abundance increasing with al. 2007, p. 95). The spread of Bromus plant abundance were not observed in increasing distance away from water or tectorum across portions of the Snake other HIP transects in the New salt sources (Popovich 2009, pp. 27-28). River Plain has been attributed to Plymouth MA, indicating that A 2–year study designed to examine several causes, including the past environmental factors shared by these the relationship between livestock practice of intensive livestock use in the sites were likely not responsible for the trampling effects and Lepidium late 1800s (Mack 1981, pp. 145-165). observed declines (Colket 2006, pp. 10- papilliferum density did not show a A small number of case studies from 11). In 2007 and 2008, L. papilliferum significant change in L. papilliferum western North America suggest that numbers in this transect appeared to be density as a result of the trampling grazing plays an important role in the slowly increasing (167 plants in 2007 treatment applied. Year-to-year decrease of native perennial grasses and and 224 plants in 2008), but had not variations in L. papilliferum density an increase in dominance by nonnative reached the levels observed in 2004 observed in this 2–year study were annual species; however, invasion by prior to the incident (Colket 2009, p. attributed to stochastic environmental nonnative grasses has been found to 31). factors and not trampling events (Young occur both with and without grazing in

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some areas. Today, nonnative annual to the Great Basin in the 1860s quickly in shrubland vegetation (Launchbaugh plants such as Bromus tectorum are so created large ranching operations and et al. 2008, pp. 1-2). Under extreme fire widespread that they have been grazing pressure. Heavy livestock conditions (low fuel moisture, high documented spreading into areas not grazing removed fine fuels and resulted temperatures, and gusty winds), impacted by disturbance (Piemeisel in a substantial reduction in the number however, grazing applied at moderate 1951, p. 71; Tisdale et al. 1965, pp. 349- of fires and the acres burned. Only 44 utilization levels has limited or 351; Stohlgren et al. 1999, p. 45); fires, burning a total of 11,000 ac (6,875 negligible effects on fire behavior. When therefore, the absence of livestock use ha), were reported from 1880 to 1912 in weather and fuel-moisture conditions no longer protects the landscape from Great Basin rangelands (Miller and are less extreme, grazing may reduce the invasive nonnative weeds (Frost and Narayanan 2008, p. 9). The number of rate of spread and intensity of fires, Launchbaugh 2003, p. 44), at least with livestock in Great Basin and sagebrush allowing for patchy burns with low respect to B. tectorum. ecosystems has dropped rapidly since levels of fuel consumption Analysis of 3 years of HII data, from the passage of the Taylor Grazing Act of (Launchbaugh et al. 2008, pp. 1-2). 1999 through 2001, showed no effect of 1934 (43 USC 315; http://www.blm.gov/ Some research also indicates that grazed livestock grazing on slickspot perimeter wy/st/en/field_offices/Casper/range/ areas have a reduced likelihood of integrity, weedy species density, taylor.1.html, accessed July 23, 2008, as wildfire ignitions, likely by reducing the perennial forb or grass establishment, or cited in Launchbaugh et al. 2008, p. 2). availability of fine fuels (Romero- organic debris accumulation in Livestock numbers in Idaho decreased Calcerrada et al. 2008, p. 351). slickspots (Menke and Kaye 2006a, p. in the 1950s primarily from loss of large Launchbaugh et al. 2008 (p. 32) state 10). Cumulative livestock sign sheep operations. Livestock numbers that ‘‘changes in grazing management (indicators of livestock presence) had a have fluctuated at, or below, this initial aimed at managing fuel loads are not significant negative correlation with decrease through the remainder of the appropriate for homogeneous exotic grass dominance around twentieth century, with a steady application across large landscapes and slickspots (Menke and Kaye 2006a, p. conversion from sheep to cattle. In the multiple management units. Such 11), and with the frequency of slickspots last decade, a substantial decrease in application of grazing across entire with dense weedy annuals in 2001 authorized use of livestock grazing on landscapes at rates necessary to reduce (Menke and Kaye 2006a, p. 10). The BLM lands in Idaho has been recorded fuel loads and affect fire behavior, analysis of grazing effects was limited (Launchbaugh et al. 2008, p. 2). especially under extreme conditions, since the HII data were observational With careful management, livestock could have negative effects on livestock only (no controlled experiments were grazing may potentially be used as a tool production and habitat goals.’’ Targeted performed), all areas were likely grazed to control B. tectorum (Frost and grazing to accomplish fuel objectives at some point in the past, and grazing Launchbaugh 2003, p. 43) or, at a holds promise, but requires detailed effects could only be observed in minimum, retard the rate of invasion planning that includes clearly defined habitats that had burned in the past (Loeser et al. 2007, p. 95). Although the goals for fuel modification and (Menke and Kaye 2006a, p. 18). In spread of B. tectorum has been strongly appropriate monitoring to assess addition, there was no significant linked with high-impact grazing, there effectiveness (Launchbaugh et al. 2008, difference in cover of exotic plant is some evidence to indicate that grazing p. 32). species in slickspots between grazed at more moderate levels may potentially and ungrazed areas in the 2004 HIP inhibit the colonization of B. tectorum Existing conservation plans (CCA, dataset, although soil crust cover was (e.g., Loeser et al. 2007, pp. 94-95); the U.S. Air Force INRMP, IDARNG INRMP) significantly lower in grazed transects researchers note, however, that contain numerous measures to avoid, (Menke and Kaye 2006b, p. 19). As experimental study over a longer time mitigate, and monitor the effects of described above, biological soil crusts period is needed to verify this tentative livestock use on Lepidium papilliferum. are important to the sagebrush-steppe conclusion. Others, however, have Livestock-grazing conservation ecosystem and slickspots where suggested that given the variability in measures implemented through the Lepidium papilliferum occur as they the timing of B. tectorum germination State of Idaho CCA and the U.S. Air stabilize and protect soil surfaces from and development, and its ability to Force INRMP apply to all Federal and wind and water erosion, retain soil spread vegetatively, effective control of State-managed lands within the moisture, discourage annual weed B. tectorum through livestock grazing occupied range of Lepidium growth, and fix atmospheric nitrogen may be a challenge (Hempy-Mayer and papilliferum (98 percent of the acreage). (Eldridge and Greene 1994 as cited in Pyke, 2008, p. 121). While it is difficult Conservation measures prescribed by Belnap et al. 2001, p. 4). Young (2007, to discern the relative importance of the CCA include minimum distances for p. 19) did not find a significant change grazing, climate, and wildfire in placement of salt and water troughs in the density of Bromus tectorum, contributing to nonnative plant away from occurrences of L. Ceratocephala testiculata, and abundance (D’Antonio et al. 1999, as papilliferum. Several troughs and salt Lepidium perfoliatum following the described in Zouhar et al. 2008, pp. 23- blocks have been moved as a result of application of a one-time, annual 24), areas with a history of livestock these measures (State of Idaho et al. trampling treatment over a 2–year grazing often support a wide variety of 2005; State of Idaho et al. 2006, p. 133). period. Both studies (Menke and Kaye nonnative species, especially in areas The CCA also includes measures to 2006a,b; Young 2007) represent short- where nonnatives have been introduced reduce livestock trampling during wet term data sets that likely are not capable to increase the forage value of periods, including trailing (moving of reflecting any potential long-term rangelands or pastures (Zouhar et al. cattle to, or between, allotments effects to L. papilliferum habitat. 2008, pp. 23-24). repeatedly on the same path) The potential benefit of livestock use Following investigations of the 2007 restrictions (State of Idaho et al. 2006, in reducing wildfire effects through a Murphy Wildland Fire Complex, fire- pp. 132-134). High-priority L. reduction of fine fuels has generated modeling efforts revealed that grazing in papilliferum EOs identified in the CCA discussion in recent years (e.g., Pellant grassland vegetation can reduce the tend to have more restrictive 1996; Loeser et al. 2007). The surface rate of spread and fire-line conservation measures, such as no early introduction of cattle, sheep, and horses intensity to a greater extent than grazing spring grazing, fencing to exclude

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livestock, and delaying turnout of seasonal, localized trampling events. a microsite for successful support of the livestock onto allotments when soils are However, with the implementation of species. saturated (State of Idaho et al. 2006, pp. conservation measures to minimize Drill seeding is a rangeland 133-134). Delay of turnout is important potential direct and indirect impacts of rehabilitation technique that is often following a soil-saturating precipitation livestock to L. papilliferum, such as used to restore vegetation after wildfire event in areas containing L. papilliferum restricting livestock access to areas using a rangeland drill that plants and since it is difficult to avoid trampling occupied by L. papilliferum when covers seed simultaneously in furrows. effects on saturated slickspot soils. As slickspot soils are wet and thus most Drill seeding is designed to give the part of the CCA, high-priority EOs were vulnerable to damage, we consider seeds moisture and temperature designated to emphasize protection and livestock use to be a lesser threat to the advantages to enhance their competitive restoration of L. papilliferum habitats. species than the primary threats posed fitness and, consequently, increase their Criteria for designating these EOs were by the altered wildfire regime and survival rate (Scholten and Bunting based on existing habitat quality, associated increase in nonnative, 2001, p. 3). Drill seeding has been used geographic location relative to other invasive plant species within the range on wildfire rehabilitation projects on existing EOs, minimal land-use of L. papilliferum. We acknowledge that BLM lands where Lepidium activities, the absence or presence of current data may not be adequate to papilliferum occurs. It impacts resources to address threats, and the detect time-dependent issues associated slickspots through mechanical need to preserve enough EOs with livestock use as only 5 years of HIP disturbance and introduces other, often throughout the species’ range to prevent data are available (Sullivan and Nations nonnative, plant materials. Historically, extinction in case of a catastrophic 2009, p. 137), and encourage the slickspots were not understood to have event. To protect these high-priority continued implementation of any special ecological value, so no EOs, BLM has shifted the season of conservation measures and associated attempt was made to avoid them during livestock use on some allotments from monitoring to ensure potential impacts rehabilitation activities. Although more spring to fall, and implemented a of livestock trampling to L. papilliferum recent land management actions have deferred-rotation management system are avoided or minimized. Under established buffers to protect slickspots on some allotments to protect annual current management conditions, we do and L. papilliferum from herbicide use, flowering L. papilliferum plants from not consider livestock use to pose a we have no data on how the physical grazing impacts (State of Idaho et al. significant threat to L. papilliferum. disturbance from past drill seedings has 2006, pp. 133-134). affected L. papilliferum habitats. Under the Juniper Butte Range Wildfire Management and Post-Wildfire Although drill seeding may have less INRMP, the U.S. Air Force utilizes Rehabilitation severe impacts on slickspot habitat than livestock grazing as the primary means Some activities associated with disking the soil, the success of restoring to minimize wildfire risk by reducing wildfire management, including fuel slickspots and L. papilliferum plants using drill seeding varies considerably. the amount of standing grass biomass management projects (e.g., greenstrips, (U.S. Air Force 2004, pp. 6-37 to 6-39). The benefits of post-fire revegetation to prescribed fire), wildfire suppression Livestock use occurs annually for up to prevent the establishment of Bromus activities, and post-wildfire 60 days while the Juniper Butte Range tectorum and subsequent recovery of rehabilitation, can potentially impact is shut down for clean-up and target soil surfaces conducive to germination existing Lepidium papilliferum maintenance. The military training and establishment of native perennial occurrences and damage slickspot shutdown period lasts a maximum of 60 grass and shrub communities may habitat by mechanical disturbances or days within a 90–day period, from April outweigh the impacts from the initial by facilitating the establishment of 1 through June 30 (U.S. Air Force 2000, short-term disturbance associated with nonnative plant species (ILPG 1999). At pp. B-18 to B-21). The INRMP avoids drill seeding (Young and Allen 1996, the same time, wildfire management livestock turnout onto the range when pp. 533-534; Bunting et al. 2003, pp. 82- slickspots are wet in order to reduce and post-wildfire rehabilitation 85). For further information on the trampling impacts to slickspot habitats, activities have the potential to benefit L. effects of nonnative species used for and then uses annual monitoring of papilliferum by reducing the occurrence rehabilitation and restoration efforts in slickspot soil moisture to determine and extent of wildfire and by L. papilliferum habitats, see the Seeded appropriate livestock turnout dates for revegetating its habitat with native plant Nonnative Invasive Plants section the Juniper Butte Range (U.S. Air Force species to prevent the encroachment of above. 2000, pp. B-18 to B-21). Additionally, in invasive nonnative grasses and other Rangewide, disk or drill seeding has 2002 the U.S. Air Force established nonnative plant species, thus reducing occurred on portions of 3 of 16 EOs in three fenced enclosure areas of 173 ac two of the most significant threats to the the Boise Foothills region, 10 of 43 EOs (70.0 ha), 8 ac (3.2), and 30 ac (12.1 ha), viability of the species. in the Snake River Plain region, and 9 respectively, to preclude all disturbance The direct effects of wildfire of 21 EOs on the Owyhee Plateau region activities and promote Lepidium management activities may include (Cole 2009b, Threats Table). The effect papilliferum research and seed injury or mortality of individual plants, of drill seeding is also monitored as part collection (Binder in litt. 2006) and possibly damage to or destruction of of the rangewide HIP transects compatible with the Air Force mission. the seed bank, through mechanical monitoring. In 2008, of the 80 Lepidium disturbance or direct exposure to papilliferum transects monitored, 1 Summary of Livestock Use herbicides. Indirect effects associated transect in the Boise Foothills region, 1 Evidence of the direct and indirect with mechanical disturbance of transect in the Snake River Plain region, potential impacts to Lepidium slickspot soils include an increased and 9 transects in the Owyhee Plateau papilliferum and slickspots from probability of establishment of invasive region had evidence of old drill livestock use is relatively limited with nonnative plants, burial of the seed seedings within slickspots (Colket 2009, the data currently available. We bank to a depth where seedlings cannot pp. 66-67). In a 3–year study on the recognize the potential for negative emerge from the soil, and mixing of Owyhee Plateau from 2000 through impacts to L. papilliferum populations slickspot soil layers, which affects 2002, Popovich (2009, pp. 8, 11) found and slickspots that may result from slickspot function and the suitability of that unseeded sites supported three

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times as many L. papilliferum on wildfire can benefit Lepidium wildfire protection in those areas, and to average as sites that had been seeded. papilliferum by protecting slickspots minimize potential impacts from fire- However, it is unclear whether the from burning. However, the suppression activities (State of Idaho et reduction in L. papilliferum numbers at construction of fuel breaks may also al. 2006, p. 26). One conservation seeded sites is the result of the physical negatively impact L. papilliferum measure of the CCA instructs the BLM disturbance of slickspot soils associated through ground disturbance or the use to use seeding techniques that minimize with drill seeding, competition from the of native seeded species. Nonnative soil disturbance, such as no-till drills seeded, nonnative invasive grass species (such as Agropyron cristatum and rangeland drills equipped with planted at these sites (Agropyron and Bassia prostrata) are planted in fuel depth bands. Implementation of these cristatum), or a combination of the two. breaks as greenstrips. Greenstrips are measures for rehabilitation and In 2006, rangeland emergency expected to slow the spread of wildfire restoration projects have the potential to stabilization and rehabilitation activities as the plants remain green (retain higher minimize the impact to L. papilliferum were implemented on the Snake River fuel moisture so are less flammable) for and its slickspot habitats (State of Idaho Plain region in response to seven fires longer periods than annual plants such et al. 2006, p. 26). The BLM also avoids (8,312 ac (5,190 ha)) that burned in as Bromus tectorum. Wildfire control spraying herbicides within or near 2005, and one fire that burned in 2006 lines have been documented in three known occupied L. papilliferum habitat, (161 acres (65 ha)). In 2007, rangeland EOs, one in the Boise Foothills region and conducts pretreatment surveys on at rehabilitation work was implemented and two in the Snake River Plain region, least 5 percent of previously unsurveyed for 10 additional wildfires that burned although none have documented habitat prior to herbicide or ground in 2006. The rehabilitation activities wildfire control lines within slickspots disturbing treatments associated with included drill seeding utilizing low- (Colket et al. 2006, Appendix C; ICDC emergency wildfire-rehabilitation impact, no-till drills, herbicide 2008, p. 9; Cole 2009b, Threats Table). activities (State of Idaho et al. 2006, p. treatment, and aerial seeding (U.S. BLM In 2004, the Boise District of BLM 27). More recently, site-specific 2008a, pp. 4, 8, 13, 16). On the Owyhee developed a strategy to assess the conservation measures to avoid or Plateau, non-ground-disturbing feasibility of creating fuel breaks to minimize potential impacts to L. techniques were used following the protect L. papilliferum. A field papilliferum and its slickspot habitat Murphy Complex Fire for seeding in assessment was conducted of over were incorporated as part of a areas documented to support Lepidium 84,550 ac (22,075 ha) of L. papilliferum temporary, livestock-control fencing papilliferum (U.S. BLM 2008b, Murphy habitat to identify potential fuel break project in response to the Inside Desert map). routes. Nearly 125 mi (78 km) of Fire (in the Owyhee Plateau region) Ground disturbance associated with potential fuel breaks were identified emergency stabilization and wildfire control, such as the that would utilize existing roads and rehabilitation efforts (U.S. BLM 2008b, establishment of fire lines (areas with trails, in areas that could potentially p. 3). vegetation removed to break fuel protect up to 10,436 ac (6, 523 ha) continuity), fire camps, firefighting The U.S. Air Force and IDARNG also containing L. papilliferum habitat staging areas, and the use of wildfire- have implemented a number of ongoing within the LEPA Consideration Zone. suppression vehicles, can also impact efforts to minimize the impacts of None of these potential fuel breaks have existing Lepidium papilliferum wildfire-management activities. For been constructed as of spring 2008. occurrences and damage slickspot example, the U.S. Air Force, like the There was one fuel break established in habitat (ILPG 1999). For example, in BLM, uses drill seeders equipped with 2006 and 2007 along Interstate 84 from 2007, dual-wheel pickup tracks that depth bands to minimize soil milepost 71 (Mayfield Exit) to milepost appeared to have been associated with disturbance and avoids slickspots to the wildfire suppression efforts in 2006 89 (Mountain Home exit) by the Idaho maximum extent practicable in drill were observed in 5 slickspots (HIP Department of Transportation, a seeding efforts. The U.S. Air Force uses transect 032 in Management Area 5) distance of approximately 30 mi (19 broadcast seeding to the maximum during the 2007 HIP transect monitoring km). This fuel break likely reduced the extent practicable consistent with in the Snake River Plain region (ICDC number of wildfires escaping this reseeding goals and uses wildfire 2008, p. 9). stretch of Interstate 84, which is a indices to restrict activities when the Firefighting crews and their source of frequent fire ignitions wildfire rating hazard is extreme (U.S. equipment may also indirectly impact threatening several L. papilliferum Air Force 2004, pp. R-3, R-4). On the Lepidium papilliferum through occupied sites located in the Snake OTA, the IDARNG restores wildfire- dispersal of invasive-plant propagules River Plain region (U.S. BLM 2008a, p. damaged areas by broadcast seeding (e.g., seeds or vegetative structures) as 20). native species. As part of their annual they travel from other regions to Through the 2006 CCA, BLM has training, the IDARNG provides their fire wildfires in southern Idaho, or travel implemented conservation measures crews with maps of all known Lepidium within the local area of the fire. As fire designed to avoid or minimize impacts papilliferum occupied habitat, and camps are typically set up in large, flat to the species from wildfire prevention, actively suppresses all wildfires on the clearings that have been disturbed in the wildfire suppression, and post-wildfire, OTA. Blading is not permitted in L. past, these areas often support rangeland-rehabilitation activities (State papilliferum habitat areas on the OTA, populations of invasive plants. of Idaho et al. 2006, Table 5). Rangeland and existing roadways serve as fuel Propagules of these plants adhere to fire rehabilitation and restoration standard- breaks and allow for quick access for personnel and their equipment, and operating procedures for areas occupied wildfire management (IDARNG 2004, p. may be dispersed elsewhere as crews with Lepidium papilliferum were first 73). Since 1987, the IDARNG has move about (Zouhar et al. 2008, p. 273), addressed in an Instruction demonstrated that efforts to suppress potentially contributing to nonnative Memorandum in January 2004 (State of wildfire and the use of native species plant invasions in L. papilliferum Idaho et al. 2005, p. 33). Today, the with minimal ground-disturbing habitat. BLM and fire cooperators distribute activities can be effective in reducing The construction of fuel breaks maps and inform crew members of the the wildfire threat, as well as in intended to slow the movement of location of L. papilliferum to maximize reducing rates of spread of nonnative

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invasive species associated with limiting anthropogenic disturbances on each year and that impacts appeared to wildfire management activities the OTA since it contains much of the be minimal. (IDARNG 2004, p. 73). In 2008, the best remaining habitat for L. Cycling and pedestrian trails built IDARNG also initiated maintenance on papilliferum (Sullivan and Nations nearby and through the middle of a series of identified fuel breaks on the 2009, p. 91). occupied slickspots in the Boise OTA. These fuel breaks are designed to Foothills are anticipated to impact Summary of Military Training act as barriers to prevent fires that might individual plants and slickspot be ignited by military-training activities The IDARNG and the U.S. Air Force hydrology through trampling and spread from spreading into adjacent L. continue to implement conservation of invasive nonnative plants in EO 38 papilliferum habitat (U.S. BLM 2008a, efforts to avoid or reduce adverse effects near the Ada County Landfill (Cole p. 20). of military training on Lepidium 2008, p. 14). We have no other papilliferum and its habitat. Since the information to indicate that hiking or Summary of Wildfire Management and areas managed by the IDARNG and the Post-Wildfire Rehabilitation horseback riding have resulted in U.S. Air Force continue to support some rangewide adverse impacts to L. Wildfire management may have both of the highest-quality habitat remaining papilliferum. positive consequences (the control of for L. papilliferum, we consider the wildfires) and negative consequences measures to minimize the impact of Summary of Recreation (the destruction of slickspots or military-training exercises on the Although recreational use has the inadvertent introduction of invasive species and its habitat to have been potential for some negative effects on nonnative plants) for Lepidium effective. The IDARNG and U.S. Air Lepidium papilliferum, the evidence papilliferum and its habitat, depending Force are committed to continuing the indicates that observed impacts to on how the activity is implemented. The implementation of these conservation Lepidium papilliferum from hiking, negative consequences of wildfire measures into the future, through the cycling, and ORV use have been management and rehabilitation CCA and their respective INRMPs. The minimal, and are infrequent and activities appear to be relatively limited threat of military training is localized in localized. While there is one EO being in both scope and severity, however, area, and minimal in significance across impacted by cycling and pedestrian and we do not consider these negative the range of the species, therefore we do trails, there is no information indicating effects to outweigh the positive effects not consider military training to pose a that other recreational activities are of successful wildfire control, given that significant threat to L. papilliferum. impacting the species throughout its we consider frequent wildfires to be one Recreation range, or that recreational usage within of the primary threats to the species. On EOs is expected to increase. Recreation Recreational activities that may affect balance, wildfire and post-wildfire does not appear to be a major factor Lepidium papilliferum include hiking, rehabilitation activities likely improve impacting either L. papilliferum or its cycling, horseback riding, and the use of the status of the species. We therefore slickspot habitat, therefore we have ORVs. These activities would be do not consider wildfire management or determined that recreation represents a expected to impact the species primarily post-wildfire rehabilitation activities to minor threat to the species. be a significant threat to L. papilliferum. through mechanical disturbance (e.g., disruption of the slickspot soil layers, Conclusion for Factor A Military Training resulting in the reduction or loss of Rationale Military activities within the range of slickspot integrity and function) or Lepidium papilliferum include crushing of individual plants, Based on the best scientific data ordnance-impact areas, training potentially resulting in injury or currently available, the primary activities, and military development. mortality. Areas where military training significant threats to Lepidium Military-training activities occur at, or activities occur, such as the Juniper papilliferum are the effects of the near, 4 of 80 extant EOs: 3 at the OTA Butte Range and some areas of the OTA, modified wildfire regime and invasive on the Snake River Plain, and a portion are restricted from recreational activities nonnative plants, especially Bromus of 1 EO at the Juniper Butte Range on because of military use. tectorum. These threats are impacting the Owyhee Plateau. INRMPs have been ORV use has been documented in 22 the quality and composition of the developed and implemented for both of the 80 Lepidium papilliferum EOs (8 sagebrush-steppe ecosystem where L. the Juniper Butte Range and the OTA. of 16 on the Boise Foothills, 14 of 42 on papilliferum occurs, and are degrading The INRMPs provide management the Snake River Plain, and none on the the species’ unique slickspot microsite direction and conservation measures to Owyhee Plateau) for which habitat habitats. These changes are associated address or eliminate the effects from information has been collected (Cole with observed, significant decreases in military-training exercises on L. 2009b, pp. 1-2). Effects from recreational the abundance of L. papilliferum. The papilliferum and its habitat. Both the activities, such as mechanical observed increase in invasive annual IDARNG (Quinney 2008; ICDC 2008, p. disturbance of soils from ORV use, are grasses such as B. tectorum in the Great 21) and the U.S. Air Force (CH2MHill monitored as part of the rangewide HIP Basin, which includes the range of L. 2008a, pp. 1, 17) conduct annual monitoring for L. papilliferum. ORV papilliferum, has resulted in increased monitoring to ensure impacts to the tracks were not detected in any EO or frequency and extent of wildfires in L. species due to training activities are Management Area during 2008 HIP papilliferum’s native-sagebrush systems; either avoided or minimized. The monitoring (Colket 2009, p. 9). In 2007, fires that once naturally occurred every IDARNG has implemented conservation ORV tracks were detected at 2 of the 80 100 years now occur on the order of measures for 18 years on the OTA, HIP transects sampled (ICDC 2008, p. 9). every 5 years or less. The frequent which currently supports nearly 60 Dual-wheel truck tracks were also return intervals of wildfire prevent the percent of the highest-quality habitat detected at 2 other transects. An earlier native sagebrush community from rangewide (B-ranked, EO 27). This analysis of HII transects monitored regenerating, and the habitat cannot suggests that the conservation measures between 1998-2001, and HIP transects achieve the late seral stage condition are effective in maintaining generally during 2004-2006 indicated that ORV that represents high-quality habitat for intact native plant vegetation and use was detected at only a few transects L. papilliferum. The increased

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frequency of wildfires also results in the development represent a permanent loss supports some of the highest-density reduction of native plant diversity and of habitat for L. papilliferum. populations of Lepidium papilliferum. species richness, and invasive Given the observed negative Other planned development projects, nonnative plant cover increases in the association between the abundance of such as utility rights of way, can impact wake of fire. Not only is this increase in Lepidium papilliferum and the L. papilliferum by facilitating the nonnative plants being observed in the increased frequency of fire, as well as increase of invasive nonnative plants surrounding sagebrush matrix, but the demonstrated negative impacts of and increasing the risk of human-caused nonnative plants are increasingly frequent, recurrent fire on the wildfires, as well as through habitat invading the formerly sparsely vegetated components that provide high-quality fragmentation, isolation of populations, slickspots, resulting in competitive habitat for L. papilliferum, such as late and potential reductions in insect exclusion of L. papilliferum. The seral stage sagebrush and high pollinators. We consider development combination of wildfire and nonnative microbiotic crust cover, we consider the to pose a moderate degree of threat to plants additionally impacts slickspots current wildfire regime to pose a Lepidium papilliferum, particularly for by damaging the microbiotic crust and significant and primary threat to L. those populations in the Boise Foothills increasing sedimentation and organic papilliferum. Recurrent fire additionally and the Snake River Plain matter, which hinders germination of L. promotes the continued invasion of physiographic regions. papilliferum. Slickspots possess unique nonnative annual grasses and other We additionally considered whether edaphic and hydrological properties, invasive nonnative plants. Given the livestock use, wildfire management and and represent a limited habitat resource observed negative association between post-wildfire rehabilitation, military on the landscape. As L. papilliferum is the abundance of L. papilliferum and training, or recreation pose a threat to adapted to the specialized properties of invasive nonnative plants both within Lepidium papilliferum through the slickspots, the degradation of slickspots slickspot microsites and in the present or threatened destruction, to the point that they no longer provide surrounding plant community, the modification, or curtailment of its the essential functions that support L. demonstrated ability of some nonnative habitat or range. In the case of livestock papilliferum represents a permanent plants to displace L. papilliferum from use, the best available data indicate that loss of habitat for the species. slickspots, the potential for nonnative although livestock have the potential to grasses to facilitate the expansion of We have new information indicating pose a threat to L. papilliferum, at Owyhee harvester ants and thus a statistically significant negative present this threat appears to be increase seed predation on L. seasonal and localized in nature. The association between the abundance of papilliferum, and the recognized Lepidium papilliferum and wildfire, and continued maintenance of implemented contribution of nonnative plants such as conservation measures to protect L. a significant negative association B. tectorum to the increased fire between L. papilliferum abundance and papilliferum from inappropriate frequency that poses a primary threat to livestock use will be important in percent cover of B. tectorum in the the species, we consider invasive surrounding plant community; these ameliorating the effects of this threat. nonnative plants to pose a significant We do not consider livestock use to negative associations are consistent and primary threat to L. papilliferum as throughout the range of the species. pose a significant threat to the species well. Although conservation measures at this time. The effects associated with Wildfire occurs throughout the range of have been implemented in an attempt to L. papilliferum and has dramatically wildfire management and post-wildfire protect L. papilliferum and its habitat rehabilitation, military training, and increased in both frequency and extent, from these threats, at present the especially where B. tectorum is recreation are all positive or relatively challenge of controlling and preventing minimal, and we do not consider any of dominant. Furthermore, as B. tectorum the further spread of invasive nonnative and other nonnative annual grasses these activities to pose a significant plants and wildfire is too great for these threat to L. papilliferum. continue to spread and degrade the measures to effectively reduce the sagebrush-steppe ecosystem, we expect degree of threat to the species across its Determination for Factor A continued increases in fire frequency range. Based on the demonstrated We have evaluated the best available and magnitude, with associated negative increases in nonnative plant cover in scientific information on the present or impacts on L. papilliferum. As areas occupied by L. papilliferum, threatened destruction, modification or disturbances such as wildfire remove including slickspot microsites, the curtailment of Lepidium papilliferum’s sagebrush and encourage the spread of observed continuing increases in B. habitat or range, and determined that nonnative annual grasses, we anticipate tectorum, observed increases in the this factor poses a significant threat to that the Owyhee harvester ant will frequency and extent of wildfires the viability of the species throughout expand into areas occupied by L. through the range of the species, and the its range, such that we anticipate L. papilliferum, resulting in an increase in lack of effective control mechanisms, we papilliferum is likely to become an seed predation on L. papilliferum, with expect the degree of the threat from endangered species within the potential negative consequences for wildfire and invasive nonnative plant foreseeable future. plant reproduction and the maintenance species to continue and likely increase of the persistent seed bank (see Disease within the foreseeable future. B. Overutilization for Commercial, and Predation section below). Future Development poses a somewhat lesser Recreational, Scientific, or Educational development of the sagebrush-steppe threat to the species. Although the Purposes habitat also threatens many of the impact of development can be severe, in We have no data indicating that remaining L. papilliferum sites, and is of that habitat conversion for residential, overutilization for commercial, particular concern in the Boise Foothills commercial, or agricultural recreational, scientific, or educational region, which supports the highest- development most often results in the purposes is a threat to Lepidium density populations of L. papilliferum. permanent loss of slickspot habitat, the papilliferum. Slickspots are relic Pleistocene areas likely to be developed represent a formations and possess unique relatively small portion of the species’ C. Disease or Predation properties that likely cannot be range. The area most likely to be We have no data indicating that recreated; slickspots lost to developed is, however, the area that disease poses a threat to Lepidium

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papilliferum. On the other hand, though papilliferum are preferred or may just be threat might be. In addition, no insect and mammal herbivory do not taken based on relatively greater conservation measures have yet been appear to pose a threat to Lepidium seasonal availability is not yet known attempted to ameliorate the threat of papilliferum, seed predation by the (Robertson 2009, pers. comm.). seed predation by the Owyhee harvester Owyhee harvester ant may become a The Owyhee harvester ant is a species ant, and the researchers have urged significant threat to the species. native to Southwest Idaho; therefore, it caution in taking such measures until Insect herbivory of Lepidium might be assumed that Lepidium managers have a better understanding of papilliferum has been evaluated as part papilliferum co-evolved with the ant the threat (Robertson and White 2009, p. of pollinator and reproductive studies and has adapted to adjust for the 14). the past several years. The most observed levels of seed predation. abundant insect herbivore was a Evidence suggests, however, that The OTA’s ‘‘Red Tie’’ population of chrysomelid beetle, Phyllotreta sp., harvester ant colonies were likely not Lepidium papilliferum (EO 27) presents which chews holes in the flower’s petals numerous in the intact sagebrush-steppe an interesting example of the potential (Leavitt and Robertson 2006, pp. 658- habitat that has historically surrounded threat posed by Owyhee harvester ants, 659). Lepidium papilliferum flowers L. papilliferum in its slickspot and their apparent preferred association suffering damage from Phyllotreta (a microsites. White and Robertson (2008, with grasses. Much of the Red Tie site hole chewed in a single petal) have been p. 3) found that Owyhee harvester ant is currently dominated by sagebrush documented to set seed at a significantly colonies are uniformly low in number in (Artemisia tridentata ssp. tridentata), lower rate than undamaged flowers on areas with high sagebrush cover, while with L. papilliferum–occupied the same plant. Overall, herbivory of L. densities are highest in the study areas slickspots scattered throughout the papilliferum petals by chrysomelid with little sagebrush cover. By contrast, sagebrush matrix. Currently, there is no beetles reduces the effectiveness of Owyhee harvester ant colonies range evidence of contact between L. insect-mediated pollination, but does from uncommon to very common in papilliferum and Owyhee harvester ants not physically inhibit pollination or areas dominated by annual grasses throughout most of the site where seed production. The effect of herbivory (Robertson and White 2009, p. 13), sagebrush dominates. The exception is by chrysomelid beetles appears to be which would include Bromus tectorum. at the periphery, where the vegetation limited in its impact on the species, and The study authors suggest that sites transitions from sagebrush to a more we do have not evidence suggesting that dominated by annual grasses but with open, grassland area. It was at this it poses a significant threat to L. low harvester ant numbers may transition of habitat from sagebrush to papilliferum at this time. represent areas that the ants have yet to grasslands where three active harvester The Owyhee harvester ant was colonize, or the habitat is unsuitable for ant colonies were found in 2008 (White recently identified as a potentially reasons other than vegetation (Robertson and Robertson 2008, p. 4). The authors important seed predator of Lepidium and White 2009, p. 13). They further of this study caution that disturbances papilliferum. A study initiated in 2006 suggest that the observed shift from such as fire that remove sagebrush and found that following L. papilliferum’s sagebrush to annual grasses may enable promote the invasion of annual grasses flowering season, Owyhee harvester the ants to colonize areas that were may create conditions that promote the ants remove the mature, seed-bearing historically not suitable for nesting, expansion of the harvester ants into fruits and return them to their nests with potentially negative consequences areas currently occupied by L. outside of slickspots (Robertson and for L. papilliferum (Robertson and papilliferum, resulting in increased seed White 2007, pp. 8-13). The researchers White 2009, p. 13). predation throughout the range of the found that harvester ants can remove up Since Owyhee harvester ants are more species (White and Robertson 2008, p. to 90 percent of L. papilliferum fruits common in disturbed areas with an 4). Future HIP monitoring will examine and seeds, either directly from the plant abundance of B. tectorum (White and proximity and density of Owyhee or by scavenging seeds that drop to the Robertson 2008, pp. 3-4), this raises a harvester ant colonies to L. papilliferum ground (Robertson and White 2009, p. conservation concern for Lepidium transects to track this potential new 9). Seventy-five percent of slickspots papilliferum. As landscape disturbances threat (Colket 2009, pers. comm.). with flowering L. papilliferum located such as wildfire are contributing to the within 66 ft (20 m) of a harvester ant loss or conversion of sagebrush habitats Herbivory impacts to Lepidium nest showed evidence of seed predation; to annual grasslands, and these papilliferum from large, native the researchers suggest this is the grasslands are likely to support higher ungulates, such as elk, deer, and maximum foraging distance for the densities of Owyhee harvester ants, antelope, have not been observed. Owyhee harvester ant (Robertson and these disturbances are likely Statistical analyses of wild ungulate White 2009, p. 10). Slickspots with high contributing to an increase in the hoofprint cover in slickspots from 2004- densities of flowering L. papilliferum abundance and distribution of the 2008 HIP monitoring data showed no were also observed as more likely to harvester ants throughout L. relationship with L. papilliferum show evidence of seed predation than papilliferum’s geographic range. abundance (Sullivan and Nations 2009, those with low densities (Robertson and Furthermore, since these ants have been p. 122). Sullivan and Nations (2009, p. White 2007, p. 13). Because harvester observed to harvest up to 90 percent of 122) likewise found no association ants consume seeds of other plant the seeds produced by L. papilliferum, between the cover of livestock hoof species as well, most notably Bromus increased predation by harvester ants, prints and L. papilliferum abundance. tectorum, L. papilliferum seeds are even at much lower levels than 90 Domestic cattle are not known to feed likely an opportunistic food item rather percent, has the potential to upon L. papilliferum, and domestic than an essential part of their diet significantly depress the reproductive sheep have been observed pulling plants (Robertson and White 2007, p. 12). capacity of the plant, as well as from the ground and spitting them out Owyhee harvester ants have been diminish the capacity to replenish the (Quinney and Weaver 1998, pers. observed bypassing seeds of B. tectorum species seedbank. However, as this comm.). Herbivory by large ungulates, in favor of L. papilliferum seeds threat was only recently discovered, we whether wild or domestic, thus does not (Robertson and White 2009, pers. have no information indicating what the appear to pose a threat to L. comm.), but whether the seeds of L. actual magnitude or severity of this papilliferum.

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Summary of Disease or Predation Owyhee harvester ants has the potential species is subject to export or sale. Herbivory by chrysomelid beetles and to pose a significant threat to L. However, we note that Idaho Code 18- by large ungulates, whether wild or papilliferum in the foreseeable future. 3913 provides the Idaho Department of domestic, does not appear to pose a This potential threat is pervasive Fish and Game with authority to amend significant threat to Lepidium throughout the range of L. papilliferum. the list of protected wildflowers, so L. papilliferum. Herbivory in the form of Determination for Factor C papilliferum could be protected as seed predation by Owyhee harvester specified in Idaho Code 18-3911. We have evaluated the best available ants, which was only recently scientific information on the effects of Determination for Factor D discovered, appears to pose a disease or predation on Lepidium potentially significant threat to the We have evaluated the best available papilliferum, and determined that this species. In one study, ants were information regarding the potential factor poses a significant threat to the observed to be capable of removing up inadequacy of existing regulatory viability of the species throughout its to 90 percent of L. papilliferum fruits or mechanisms and their effect on range, such that we anticipate that L. seeds from slickspots within 66 ft (20 m) Lepidium papilliferum, and determined papilliferum is likely to become an of a nest (Robertson and White 2009, p. that this factor does not pose a endangered species within the 9). As the ants appear to favor the significant threat to the viability of the foreseeable future, when we consider conditions created by the introduction species. this factor in concert with the other of annual grasses, and the cover of factors impacting the species. E. Other Natural or Manmade Factors annual grasses is expanding in L. Affecting Its Continued Existence papilliferum habitat, the increase in D. Inadequacy of Existing Regulatory seed predation as a consequence of Mechanisms Precipitation Patterns harvester ants moving into areas Few existing regulatory mechanisms Studies have indicated that the adjacent to occupied slickspots has the apply to Lepidium papilliferum. At the density and abundance of Lepidium potential to significantly impact L. Federal level, Lepidium papilliferum is papilliferum is positively correlated papilliferum recruitment and the currently categorized as a Type 1 with levels of winter-spring (roughly replenishment of the seed bank. While sensitive species by BLM (U.S. BLM January to March) precipitation (Palazzo this may be a minor threat at this point 2003, p. 1; Rinkes 2009, pers. comm.). et al. 2005, p. 9; Meyer et al. 2005, p. in time, given the projected increase in The BLM has regulations that address 15; Menke and Kaye 2006a, p. 8, 2006b nonnative annual grasslands within the the need to protect sensitive, candidate, pp. 10-11; CH2MHill 2007a, p. 14; range of L. papilliferum and the and federally listed species. The BLM is Sullivan and Nations 2009, pp. 40-41), apparent positive association between the primary land-management agency and negatively correlated with fall- Owyhee harvester ants and grasslands, implementing conservation efforts for winter (roughly October to December) we believe this has the potential to this species, and continues to monitor L. precipitation (Meyer et al. 2005, pp. 15- become a significant threat to L. papilliferum on the Federal lands it 16; Sullivan and Nations 2009, pp. 37- papilliferum in the foreseeable future. manages. 45). To assess the possibility that the Conclusion for Factor C At the State level, Idaho Code 18-3911 negative trend in L. papilliferum density protects a selected list of wildflowers, observed on the rough census plots at Rationale but Lepidium papilliferum is not one of the OTA by Sullivan and Nations (2009, The effect of seed predation by the species listed. The protection p. 39) may be due, at least in part, to Owyhee harvester ants is an emerging allowed under Idaho Code 18-3911 either a corresponding negative trend in threat potentially affecting the long-term basically makes it unlawful to export or spring precipitation or a corresponding viability of Lepidium papilliferum. In offer for sale plants or parts of plants positive trend in winter precipitation at areas where Owyhee harvester ants have that are on the list of protected plants. the OTA, we performed a least squares become established, L. papilliferum As we have no information indicating linear regression analysis (a statistical could be depleted through lack of that the export or sale of L. papilliferum method to discern a potentially seedling recruitment. However, at this poses a threat to the species, we do not significant relationship between two point in time we do not yet have enough consider the fact that L. papilliferum is variables, in this case whether there was research to determine whether the seed not protected under Idaho Code 18-3911 any trend in rainfall over time) on bank is being negatively affected by seed to pose a significant threat to the monthly precipitation data available for predation from harvester ants. The fact species. the years 1991 through 2007 (Zwartjes that harvester ant colonies appear to be Conclusion for Factor D 2009). Similar to the simple linear found in higher numbers in annual model employed by Sullivan and grasslands, which are in turn increasing Rationale Nations (2009, p. 38) in their analysis to as the result of increased wildfire and The inadequacy of existing regulatory assess whether there was any general, the spread of nonnative grasses such as mechanisms does not appear to pose a overall trend in population numbers Bromus tectorum, suggests that the threat to Lepidium papilliferum. The over time, this exercise was intended degree of this potential threat is likely BLM manages L. papilliferum as a only to determine whether there might to increase in the future. Our current sensitive species, according to that have been any significant general trend understanding of how pervasive agency’s regulations, and continues to in precipitation levels during the time harvester ant colonies have become implement conservation efforts, as well period of interest, not to explain the within the range of L. papilliferum, and as monitor the species, on lands under potentially complex patterns of their overall significance on the long- its management. Although the State of precipitation over time. According to term viability of the species, is limited Idaho does not extend protections the results, none of the precipitation due to the short-term nature of the study against export or sale to L. papilliferum parameters utilized (modeled to be results available thus far. The evidence under Idaho Code 18-3911, the lack of consistent with those utilized by suggests, however, that significant levels protection not appear to pose a Sullivan and Nations 2009)—total of seed predation associated with significant threat to the species, as we annual precipitation, total precipitation increased abundance and range of have no information indicating that the for the spring months (analyzed in three

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time blocks as the sum of precipitation Research indicates that seeds generated have lower genetic diversity, and lower in February through May, February by the pollination of nearby plants have genetic diversity may in turn lead to through June, and March through May), reduced viability, and that L. even smaller populations by decreasing total precipitation for the winter months papilliferum seed viability increases as the species’ ability to adapt, thereby (October through December), or monthly the distance to the contributing increasing the probability of population precipitation based on 3–month moving pollination source increases (Robertson extinction (Newman and Pilson 1997, p. averages from January to March through and Ulappa 2004, pp 1705, 1708). The 360). December to February — produced ability to exchange pollen with distant Fragmentation (either by development results suggesting that any of the populations is therefore an advantage or wildfires) has occurred in 62 of the precipitation trends over these years for L. papilliferum. Barriers or too much 79 EOs for which habitat information is were significantly different statistically distance between slickspots and known (15 of 16 on the Boise Foothills, from a slope of zero (Zwartjes 2009, pollinating insect habitats can reduce 35 of 42 on the Snake River Plain and Figures 1-17, Appendix). Based on this the effective range of insects important 12 of 21 on the Owyhee Plateau), and simple model, there does not appear to to L. papilliferum pollination (Robertson 78 EOs (all except one on the Owyhee be any general trend in precipitation et al. 2004, pp. 2-4). Barriers can include Plateau) have fragmentation occurring over the years 1991 through 2007, either agricultural fields, urban development, within 0.31 mi (500 m) of the EOs (Cole positive or negative, that corresponds and large areas of annual and perennial 2009b, Threats Table). Additionally, as with the observed negative trend in L. grass monocultures that do not support described above in Factor A, papilliferum density at the OTA over diversity and suitable floral resources Development, several development the years 1990 through 2008 as such as nectar or edible pollen for projects are planned within the identified by Sullivan and Nations pollinators. Lepidium papilliferum occupied range of Lepidium (2009) (Zwartjes 2009, p. 1). habitats separated by distances greater papilliferum that would contribute to Summary of Precipitation Patterns than the effective range of available further large-scale fragmentation of its pollinating insects are at a genetic habitat, potentially resulting in The annual abundance of Lepidium disadvantage, and may become papilliferum varies annually in concert decreased viability of populations vulnerable to the effects of loss of through decreased seed production, with the level of precipitation; there genetic diversity (Stillman et al. 2005, appears to be a negative relationship reduced genetic diversity, and the pp. 1, 6-8) and a reduction in seed increased inherent vulnerability of between high winter precipitation and production (Robertson et al. 2004, p. L. papilliferum abundance the following small populations to localized 1705). A genetic analysis of L. spring, and a positive relationship extirpation. papilliferum suggested that populations between spring precipitation and L. in the Snake River Plain and the Summary of Habitat Fragmentation and papilliferum abundance. One possible Owyhee Plateau ‘‘may have reduced Isolation of Small Populations explanation for the observed significant genetic diversity’’ (Larson et al. 2006, p. decline in L. papilliferum abundance Even though Lepidium papilliferum 17; note the Boise Foothills were not over time at the OTA rough census areas occurs in naturally patchy microsite analyzed separately in this study). is that there was a similar trend in habitats, the increasing degree of precipitation over that same time period Many of the remaining occurrences of fragmentation produced by wildfires (a decrease in spring precipitation, an Lepidium papilliferum, particularly in and development may result in the increase in winter precipitation, or the Snake River Plain near urban separation of populations beyond the both). We did not, however, find any centers, are restricted to small, remnant distance that its insect pollinators are significant trend in precipitation in the patches of suitable sagebrush-steppe capable of traveling. Genetic exchange same time frame. Thus, any changes in habitat. When last surveyed, 31 EOs (37 in L. papilliferum is achieved through the abundance or density of L. percent) each had fewer than 50 plants either seed dispersal or insect-mediated papilliferum appear to have occurred (Colket et al. 2006, Tables 1 to 13). pollination, and plants that receive independently of any trend in Many of these small remnant EOs exist pollen from more distant sources precipitation. Therefore, similar to our within habitat that is degraded by the demonstrate greater reproductive 2007 finding, we do not consider the factors identified above. Small L. success in terms of seed production. As current precipitation pattern to pose an papilliferum populations have likely all indications are that seeds are extinction risk to the species. persisted due to their long-lived seed dispersed over only a very small bank, but the potential risk of depletion distance and insect pollinators are also Habitat Fragmentation and Isolation of of each population’s seed bank with no limited in their dispersal capabilities, Small Populations new genetic input makes the persistence habitat fragmentation and isolation of Due to its occupancy of patchily of these small populations uncertain. populations poses a threat to L. distributed slickspots, the habitat of Providing suitable habitats and foraging papilliferum in terms of decreased Lepidium papilliferum is somewhat habitats for the species’ insect reproductive success (lower seed set), naturally fragmented. Fragmentation at pollinators is important for maintaining reduced genetic variability, and greater a larger scale, however, can pose L. papilliferum genetic diversity. Small local extinction risk. For these reasons problems for L. papilliferum by creating populations are vulnerable to relatively we consider habitat fragmentation barriers in the landscape that prevent minor environmental disturbances such resulting from wildfires and effective genetic exchange between as wildfire, herbicide drift, and development to pose a moderate degree populations. Seed dispersal for L. nonnative plant invasions (Given 1994, of threat to Lepidium papilliferum. We papilliferum likely occurs only over pp. 66-67), and are subject to the loss of consider this threat to be significant, but very short distances; thus, pollinators genetic diversity from genetic drift and not as severe as the threats posed by the and pollen dispersal are the primary inbreeding (Ellstrand and Elam 1993, modified wildfire regime and invasive means for reproductive and genetic pp. 217-237). Populations with lowered nonnative plant species. The threat of exchange between L. papilliferum sites genetic diversity are more prone to local habitat fragmentation and isolation of (Robertson and Ulappa 2004, pp. 1705, extinction (Barrett and Kohn 1991, pp. small populations is pervasive 1708; Stillman et al. 2005, pp. 1, 6-8). 4, 28). Smaller populations generally throughout the range of L. papilliferum.

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Climate Change years (Mote et al. 2003, p. 54; Karl et al. biomass, and seed rain (dispersed seeds) The Intergovernmental Panel on 2009, p. 135). Arid regions such as the at elevated carbon dioxide levels Climate Change (IPCC) was established Great Basin where L. papilliferum relative to native annuals (Smith et al. in 1988 by the World Meteorological occurs are likely to become hotter and 2000, pp. 79-81). The researchers Organization and the United Nations drier; fire frequency is expected to conclude that ‘‘the results from this Environment Program in response to accelerate, and fires may become larger study * * * confirm experimentally in growing concerns about climate change and more severe (Brown et al. 2004, pp. an intact ecosystem that elevated carbon and, in particular, the effects of global 382-383; Neilson et al. 2005, p. 150; dioxide may enhance the invasive warming. Although the extent of Chambers and Pellant 2008, p. 31; Karl success of Bromus spp. in arid warming likely to occur is not known et al. 2009, p. 83). Under projected ecosystems,’’ and suggest that this with certainty at this time, the IPCC has future temperature conditions, the cover enhanced success will then expose concluded that warming of the climate of sagebrush in the Great Basin region these areas to accelerated fire cycles is anticipated to be dramatically is unequivocal, and that continued (Smith et al. 2000, p. 81). Chambers and reduced (Neilson et al. 2005, p. 154). greenhouse gas emissions at or above Pellant (2008, p. 32) also suggest that Warmer temperatures and greater current rates will cause further warming higher carbon dioxide levels are likely concentrations of atmospheric carbon (IPCC 2007, p. 30). Eleven of the 12 increasing B. tectorum fuel loads due to dioxide create conditions favorable to years from 1995 through 2006 rank increased productivity, with a resulting Bromus tectorum, as described below, among the 12 warmest years in the increase in fire frequency and extent. thus continuing the positive feedback instrumental record of global surface Based on the best available information, cycle between the invasive annual grass temperature since 1850 (ISAB 2007). we therefore expect continuing and fire frequency that poses a Climate-change scenarios estimate that production of atmospheric carbon significant threat to L. papilliferum dioxide at or above current levels, as the mean air temperature could increase (Chambers and Pellant 2008, p. 32; Karl by over 3 degrees Celsius (5.4 degrees predicted, to increase the threat posed et al. 2009, p. 83). to L. papilliferum by B. tectorum and Fahrenheit) by 2100 (IPCC 2007, p. 46). Emissions of carbon dioxide, The IPCC also projects that there will from more frequent, expansive, and considered to be the most important severe wildfires (Smith et al. 1987, p. very likely be regional increases in the anthropogenic greenhouse gas, frequency of hot extremes, heat waves, 143; Smith et al. 2000, p. 81; Brown et increased due to human activities by al. 2004, p. 384; Neilson et al. 2005, pp. and heavy precipitation (IPCC 2007, p. approximately 80 percent between 1970 46), as well as increases in atmospheric 150, 156; Chambers and Pellant 2008, and 2004 (IPCC 2007, p. 36). Future pp. 31-32). carbon dioxide (IPCC 2007, p. 36). carbon dioxide emissions from energy We recognize that there are scientific use are projected to increase by 40 to Bradley et al. (in press, pp. 1-11) differences of opinion on many aspects 110 percent over the next few decades, predict that nonnative invasive species of climate change, including the role of between 2000 and 2030 (IPCC 2007, p. in the sagebrush-steppe ecosystem may natural variability in climate. In our 44). An increase in the atmospheric either expand or contract under climate analysis, we rely primarily on synthesis concentration of carbon dioxide has change, depending on the current and documents (e.g., IPCC 2007, Karl et al. important implications for Lepidium projected future range of a particular 2009) that present the consensus view of papilliferum, beyond those associated invasive plant species. They developed a very large number of experts on with warming temperatures, because a bioclimatic model for Bromus climate change from around the world. higher concentrations of carbon dioxide tectorum based on maps of invaded We have found that these synthesis are favorable for the growth and range derived from remote sensing and reports, as well as the scientific papers productivity of Bromus tectorum (Smith on the climate variables that best predict used in those reports or resulting from et al. 1987, p. 142; Smith et al. 2000, p. species presence, and found that the those reports, represent the best 81). Although most plants respond best predictors of B. tectorum available scientific information we can positively to increased carbon dioxide occurrence are summer, annual, and use to inform our decision and have levels, many invasive nonnative plants spring precipitation, followed by winter relied upon them and provided citation respond with greater growth rates than temperature (Bradley et al., in press, p. within our analysis. In addition, where native plants, including B. tectorum 5). They then used projections of 10 possible we have utilized projections (Smith et al. 1987, p. 142; Smith et al. atmosphere-ocean, general-circulation specific to the region of interest, the 2000, p. 81; Karl et al. 2009, p. 83). models for the year 2100. Depending Great Basin, which includes the range of Laboratory research results illustrated primarily on future precipitation Lepidium papilliferum. that B. tectorum grown at carbon conditions, the model predicts B. Projected climate change and its dioxide levels representative of current tectorum is likely to shift northwards, associated consequences have the climatic conditions matured more leading to expanded risk of B. tectorum potential to affect Lepidium quickly, produced more seed and invasion in Idaho, Montana, and papilliferum and may increase its risk of greater biomass, and produced Wyoming, but reduced risk of invasion extinction, as the impacts of climate significantly more heat per unit biomass in southern Nevada and Utah, which change interact with other stressors when burned than B. tectorum grown at currently have large areas dominated by such as habitat degradation and loss that ‘‘pre-industrial’’ carbon dioxide levels this nonnative grass (Bradley et al., in are already affecting the species (Karl et (Blank et al. 2006, pp. 231, 234). These press, p. 5). Although the authors note al. 2009, p. 81). In the Pacific responses to increasing carbon dioxide that their models also predict some Northwest, regionally averaged may have increased the flammability in range contractions by B. tectorum by temperatures have risen 0.8 degrees B. tectorum communities during the 2100, much of southern Idaho where Celsius (1.5 degrees Fahrenheit) over the past century (Ziska et al. 2005, as cited Lepidium papilliferum occurs appears last century (as much as 2 degrees in Zouhar et al. 2008, p. 30; Blank et al. to maintain large populations of B. Celsius (4 degrees Fahrenheit) in some 2006, p. 234). tectorum (Figure 4, p. 7). The threat areas), and are projected to increase by Field studies likewise demonstrate posed to L. papilliferum by the greater another 1.5 to 5.5 degrees Celsius (3 to that Bromus species demonstrate frequency and geographic extent of 10 degrees Fahrenheit) over the next 100 significantly higher plant density, wildfires and other associated negative

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impacts from the presence of B. there is some degree of uncertainty to represent a significant threat to L. tectorum is therefore expected to regarding the potential effects of climate papilliferum. However, we acknowledge continue into the foreseeable future. change on L. papilliferum specifically, that climate change will likely play a An additional potential threat to climate change in and of itself was not potentially important supporting role in Lepidium papilliferum resulting from considered a significant factor in our intensifying the most significant current climate change is the predicted change determination to list L. papilliferum as threats to the species in the foreseeable in precipitation patterns. Current a threatened species. However, we future. The projected consequences of projections for the Pacific Northwest recognize that the severity and scope of climate change would act to exacerbate region are that precipitation will the primary threats to L. papilliferum of the primary threats of frequent wildfire increase in the winter but decrease in frequent wildfire and B. tectorum are and invasive nonnative plant species to the summer months (Karl et al. 2009, p. likely to magnify depending on the L. papilliferum throughout its range. 135). The survivorship of L. realized outcome of climate change The abundance of Lepidium papilliferum rosettes to flower the within the foreseeable future; thus, we papilliferum is closely associated with following spring is favored by greater consider climate change as playing a levels of rainfall, showing a positive summer precipitation (Meyer et al. potentially important supporting role in association with high levels of spring 2005, p. 15; CH2MHill 2007a, p. 14; intensifying the primary current threats precipitation and a negative association Sullivan and Nations 2009, pp. 33, 41), to the species. with high levels of winter precipitation. and increased winter precipitation We thus considered whether the appears to decrease survivorship (Meyer Conclusion for Factor E declining population trend in L. et al. 2005, pp. 15-16; Sullivan and Rationale papilliferum might be a consequence of Nations 2009, pp. 39, 43-44). As the a corresponding trend in precipitation. projected rainfall pattern under climate Habitat fragmentation that results We did not find evidence of any trend change would follow the opposite from wildfires and development may in precipitation for L. papilliferum for pattern, this alteration in seasonal result in the separation of Lepidium the time period for which we have precipitation could result in decreased papilliferum populations beyond the evidence of the declining trend in survivorship of L. papilliferum. distance that its insect pollinators can density at the OTA; thus, we conclude Alterations in precipitation patterns, travel, and likely limits the ability for that any population trend in L. however, are more uncertain than seeds to travel between populations as papilliferum is independent of any predicted changes in temperature for the well. Limited genetic exchange due to trend in precipitation. Precipitation Great Basin region (Neilson et al. 2005, fragmentation can result in reduced patterns were therefore not considered p. 153). seed production for this species, as well to pose a threat to the species. as a loss of genetic diversity. Small, Summary of Climate Change isolated populations with lowered Determination for Factor E The direct, long-term impact from genetic diversity are at increased risk of We have evaluated the best available climate change to Lepidium local extinction. Habitat fragmentation scientific information on other natural papilliferum is yet to be determined. due to wildfires and various forms of or manmade factors affecting the However, as described under Factor A, development is occurring throughout continued existence of Lepidium above, the invasion of Bromus tectorum the range of the species, and is expected papilliferum, including precipitation and the associated changes in fire to increase in the future. As the insect patterns, habitat fragmentation and regime currently pose one of the most pollinators of L. papilliferum traverse isolation of small populations, and significant threats to Lepidium relatively short distances, and evidence climate change, and determined that papilliferum, the sagebrush-steppe suggests that seed dispersal is limited as this factor poses a significant threat to ecosystem, and the slickspot habitats well, we consider the consequences of the viability of the species throughout where L. papilliferum resides. Under limited genetic exchange as a result of its range when considered in concert current climate-change projections, we habitat fragmentation to pose a with Factor A, such that we anticipate anticipate that future climatic significant and moderate degree of that L. papilliferum is likely to become conditions will favor further invasion by threat to L. papilliferum throughout its an endangered species within the B. tectorum, that fire frequency will range. Although significant, we do not foreseeable future. continue to increase, and the extent and consider the severity of this threat to severity of fires may increase as well. reach the level of threat posed to L. Evaluation of Conservation Efforts Precipitation patterns may also be papilliferum by the primary threats of In making a determination as to altered as a result of climate change, the modified wildfire regime and whether any species is an endangered resulting in potential decreased invasive nonnative plant species. species or a threatened species, Section survivorship of L. papilliferum, Current climate-change models 4(b)(1)(A) of the Act mandates that the although the projections for future predict future climatic conditions Secretary shall make such precipitation patterns are less certain. within the range of Lepidium determinations ‘‘solely on the basis of The consequences of climate change, if papilliferum will favor further invasion the best scientific and commercial data current projections are realized, are by Bromus tectorum. These models also available to him after conducting a therefore likely to exacerbate the project that fire frequency will continue review of the status of the species and existing primary threats to L. to increase and that the extent and after taking into account those efforts, if papilliferum of frequent wildfire and severity of wildfires may increase as any, being made by any State or foreign invasive nonnative plants, particularly well. Thus, the consequences of nation, or any political subdivision of a B. tectorum. As the IPCC projects that projected, future climate change, if State or foreign nation, to protect such the changes to the global climate system realized, are likely to further magnify species.’’ Here, we describe and in the 21st century will likely be greater the severity and scope of the primary evaluate those conservation efforts being than those observed in the 20th century significant threats to L. papilliferum. made by the State of Idaho and other (IPCC 2007, p. 45), we anticipate that Due to the uncertainty associated with entities to protect Lepidium these effects will continue and likely climate change projections, we do not papilliferum; we also consider increase into the foreseeable future. As consider climate change in and of itself conservation efforts that are formally

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planned but have not yet been conservation of Lepidium papilliferum included 17,045 ac (6,898 ha) of private implemented, as per the Service’s Policy given its rangewide scope and lands; however, less than 2 percent of for the Evaluation of Conservation coordinated management across Federal the currently known area occupied by L. Efforts (68 FR 15100; March 28, 2003). and State of Idaho managed lands. The papilliferum (260 ac (105 ha)) is These conservation efforts were briefly CCA includes rangewide efforts that are documented as occurring on private described in our earlier evaluation of intended to address the need to: lands. the threat factors affecting the species. Maintain and enhance L. papilliferum Although a majority of the Here we present a single summary of the habitat; reduce intensity, frequency, and conservation measures identified in the conservation efforts implemented or size of natural- and human-caused CCA have been implemented to date, planned for the benefit of L. wildfires; minimize loss of habitat relatively few have been determined at papilliferum, which we considered in associated with wildfire-suppression this time to be measurably effective for the course of our listing determination. activities; reduce the potential for conserving Lepidium papilliferum. For Any management actions that were only invasion of nonnative plant species example, many of the implemented planned at the time of our withdrawal from wildfire; minimize the loss of measures are conducting surveys, of the proposal to list Lepidium habitat associated with rehabilitation monitoring, or providing for public papilliferum in 2007 (72 FR 1622; and restoration techniques; minimize outreach and education, which have January 12, 2007) but have since been the establishment of invasive nonnative limited direct or long-term conservation implemented were considered in our species; minimize the degradation or benefits to the species. With the evaluation of ongoing conservation loss of habitat from ORV use; mitigate exception of several conservation efforts efforts in this rule. the negative effects of military training implemented at the OTA that have been and other associated activities on the Ongoing Conservation Efforts successful in controlling the effects of OTA; and minimize the impact of wildfire on L. papilliferum habitats, Currently, there are four formalized ground disturbances caused by livestock many of the remaining conservation plans that contain conservation penetrating trampling during periods efforts and adaptive management measures for Lepidium papilliferum. when soils are saturated. provisions identified in the CCA have The four plans include: (1) the CCA for As a signatory of the CCA (State of not been implemented over a long Slickspot Peppergrass with the State of Idaho et al. 2003, 2006), the BLM is the enough period of time to have sufficient Idaho, BLM, Idaho Army National primary land management agency certainty they can be effective in Guard, and nongovernmental implementing conservation efforts for reducing threats. Furthermore, the cooperators (private landowners who Lepidium papilliferum on their lands. conservation measures identified in the also hold livestock grazing permits on Implementation of the conservation CCA are concentrated on L. papilliferum BLM lands) (State of Idaho et al. 2003, measures in the CCA represents a major EOs. While this is helpful, the effective 2006); (2) the Idaho Army National commitment on behalf of the BLM, control of the most significant threats to Guard Integrated Natural Resource which has management authority for the L. papilliferum, wildfire and invasive Management Plan for Gowen Field/ majority of the range where L. nonnative plant species, requires efforts Orchard Training Area (IDARNG 2004); papilliferum occurs (i.e., 87 percent of that extend well beyond the boundaries (3) the U.S. Air Force Integrated Natural the total EO area (13,470 ac (5,451 ha)) of the EOs, since by their nature these Resource Management Plan for the and portions of 69 of the 80 extant EOs). are expansive threats that occur Juniper Butte Range (Mountain Home Conservation measures for ongoing Air Force Base) (U.S. Air Force 2004); activities from the CCA that were throughout the Great Basin. We and (4) the Conservation Agreement for appropriate for land-use plan programs recognize the conservation efforts Slickspot Peppergrass (Lepidium were included in an August 22, 2006, identified in the CCA as having a papilliferum) at the Boise Airport, Ada Conservation Agreement between the conservation benefit for L. papilliferum, County, Idaho (Boise Airport 2003). A Service and the BLM to avoid or but rangewide their effectiveness in fifth plan that expired in October of minimize impacts to L. papilliferum reducing or eliminating the most 2006 is a Conservation Agreement by, during the BLM’s implementation of significant threats has not been and between, Boise City and the U.S. existing land-use plans. This demonstrated at this time. Fish and Wildlife Service for Allium Conservation Agreement between Idaho The IDARNG, another signatory to the aasea (Aase’s onion), Astragalus BLM and the Service is scheduled to CCA, also implements conservation mulfordiae (Mulford’s milkvetch) and L. expire on December 31, 2010, at which efforts for Lepidium papilliferum on the papilliferum (Hull’s Gulch Agreement) time it may be reviewed for renewal or OTA through its INRMP (IDARNG 2004, (U.S. Fish and Wildlife Service 1996). A expiration. Chapter 4.4.2). The IDARNG’s OTA new agreement is currently being Until recently, the CCA also contains 7,213 ac (2,919 ha) of occupied crafted to update the expired agreement represented an effort by L. papilliferum habitat, 7,163 ac (2,899 and will include conservation measures nongovernmental cooperators (private ha) of which represents some of the for portions of four small L. papilliferum landowners who also hold BLM highest-quality occupied L. papilliferum EOs in the Boise Foothills region on livestock grazing permits) for the habitat in the Snake River Plain region. lands administered by both the City of conservation of Lepidium papilliferum Many of the conservation efforts, such Boise and Ada County. This new on private lands. Six Memoranda of as prohibiting military training activities agreement is expected to be completed Understanding (MOUs) between within areas reserved for conservation by September of 2009. nongovernmental cooperators and the of L. papilliferum, have been The majority of the individual State of Idaho for conservation of L. implemented by the IDARNG for more conservation efforts being implemented papilliferum on private lands were in than 18 years and have been for Lepidium papilliferum are contained place from 2004 through December demonstrated to be effective in in the State of Idaho CCA, which was 2007. We are not aware that these MOUs minimizing military training impacts to originally drafted in 2003, and updated have been reissued at this time. The size the species. The INRMP for the OTA in 2006; it is scheduled to expire in and habitat condition of L. papilliferum expired in September 2008, and is 2013. The CCA represents an important locations on these private lands are also currently being updated (Quinney 2008, milestone in the cooperative unknown to the Service. The MOUs pers. comm.).

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The U.S. Air Force’s INRMP implemented and effective, the area to be implemented and effective are completed in 2004 includes covered by the City of Boise from the CCA, Air Force INRMP and conservation efforts for Lepidium Conservation Agreement is so small that OTA INRMP, and are not applicable papilliferum. The U.S. Air Force it would have little effect on our rangewide. For example, 20 of the 35 manages 2,028 ac (810 ha) of occupied ultimate finding in this rule. conservation efforts are primarily directed at conserving L. papilliferum at L. papilliferum habitat within the Planned Conservation Efforts Juniper Butte Range in the Owyhee 1 of 3 EOs located on the OTA. Plateau region. The INRMP contains Prior to our 2007 withdrawal notice Therefore, these 35 measures would not specific measures developed to (72 FR 1622; January 12, 2007), we prevent the species from becoming minimize the impacts from military reviewed the available information for endangered in the foreseeable future training and the associated indirect all of the individual conservation efforts either rangewide or on a significant effects from wildfire, nonnative invasive contained in five conservation plans portion of the species’ range. We thus weeds, and livestock use on L. developed for Lepidium papilliferum do not consider these 35 actions papilliferum. For example, the U.S. Air (State of Idaho CCA, IDARNG INRMP, sufficient to offset the threats posed to Force has a number of ongoing efforts to U.S. Air Force INRMP, Boise Airport L. papilliferum across its range by the address wildfire suppression on the CA, and Hull’s Gulch Agreement) to modified wildfire regime; invasive entire 11,500 ac (4,800 ha) Juniper Butte evaluate how many were implemented nonnative plants; development; Range. The U.S. Air Force addresses or certain to be implemented in the potential seed predation by harvester wildfire prevention through reducing future; and how many efforts were so ants; and habitat fragmentation and standing fuels and weeds, planting fire- effective as to have contributed to the isolation, to the point that we would resistant vegetation in areas with a elimination or reduction of one or more consider it unlikely that L. papilliferum higher potential for ignition sources threats to the species. Based upon our will become endangered within the such as along roads, and using wildfire review at that time, we determined that foreseeable future. indices to determine when to restrict 373 of the nearly 600 individual conservation efforts identified in the 5 Summary of Ongoing and Planned military activities when the wildfire Conservation Efforts hazard rating is extreme (U.S. Air Force plans were currently implemented and 2004, p. 6-55). As a result, the threat that 35 of these efforts were determined We recognize the long list of ongoing from wildfire to L. papilliferum to be both certain to be implemented and proposed conservation efforts by and effective in reducing threats to L. the State of Idaho, IDARNG, U.S. Air associated with U.S. Air Force training papilliferum or were already known to Force, and other non-governmental activities is expected to be reduced be implemented and effective in cooperators being put forth to conserve within the Juniper Butte Range. The reducing threats to the species. Since Lepidium papilliferum. All parties INRMP that includes the Juniper Butte that time, we have received additional should be commended for their Range is scheduled to expire in 2009 information from the implementing conservation efforts. Our review of and is currently being updated (EES agencies that describe the status of at conservation efforts indicates that not 2008). least 152 conservation measures all of the measures identified in the A Conservation Agreement between included in 3 of the 5 conservation conservation plans have been the Service and the City of Boise Airport plans (State of Idaho CCA, IDARNG implemented and most have not been was completed in 2003 for the INRMP, and US Air Force INRMP) that demonstrated at this time to effectively conservation of two Lepidium were implemented in 2007 and 2008 reduce or eliminate the most significant papilliferum EOs located on the (CH2MHill 2007a, p. 16; CH2MHill threats to the species. Many of these southern portion of Boise Airport lands 2007b, pp. 1-6; Quinney 2007 pp.1-3; conservation efforts are limited in their (Boise Airport 2003). Using the latest USBLM 2007, p. 2-4; CH2MHill 2008a, ability to effectively reduce the long- Idaho Natural Heritage Program L. p. 17; CH2MHill 2008b, pp. 1-6; term habitat degradation and papilliferum EO ranks, these two EOs Quinney 2008 pp.1-3; USBLM 2008a, destruction occurring within the include a C-ranked site (2.8 ac (1.2 ha)) pp. 2-38; USBLM 2008c, pp. 1-15; sagebrush-steppe ecosystem and L. and a D-ranked site (0.5 ac (0.2 ha)), Colket 2009, pp. 65-72). We have not papilliferum habitats across the range of with low documented plant numbers received specific information regarding the species from the effects of a changed and very poor habitat condition (Colket conservation measures contained in the wildfire regime and nonnative plant et al. 2006, Appendix C). Both EOs Boise Airport conservation agreement invasions, in addition to other threats. included in this Conservation that have been implemented, or how In many cases, effective control Agreement are also susceptible to effective these measures have been in measures for these threats are not yet impacts from invasive nonnative weeds reducing threats to L. papilliferum for known, financially or technically and wildfire. The primary conservation 2007 or 2008. The fifth conservation feasible, or logistically possible to actions identified in this agreement plan, the Hull’s Gulch Agreement implement on the scale that would be included the construction of fuel breaks between Boise City and the Service, necessary to successfully ameliorate the around L. papilliferum populations, the expired in October 2006 and has yet to threat throughout the range of L. preclusion of livestock use, minimizing be renewed. papilliferum. Although the ongoing the use of herbicides, and signing areas Our latest evaluation of planned conservation efforts demonstrated to be to prevent access. We have not received future conservation efforts, taking into effective are a positive step toward the documentation of implementation or consideration the most recent conservation of L. papilliferum, and a effectiveness of the conservation efforts information provided by the few, such as those designed to reduce identified in this Conservation implementing agencies, again concludes the impact of ground disturbances Agreement. This agreement is scheduled that 35 out of roughly 600 individual caused by livestock when soils are to expire in December 2015. We management actions identified in the 5 saturated in the spring, described under acknowledge the positive conservation formalized conservation plans for Livestock Use, above, have likely intent of this agreement, and although Lepidium papilliferum are certain to be reduced the severity of some threats to the status of the efforts are unknown, implemented and effective. However, the species, on the whole we find that even if they were known to be these 35 conservation efforts determined the conservation efforts in place at this

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time are not sufficient to offset the and acknowledge the efforts of the many change. Furthermore, as B. tectorum and degree of threat posed to the species by entities participating in conservation other nonnative annual grasses continue the modified wildfire regime; invasive efforts for the protection of L. to spread and degrade the sagebrush- nonnative plants; development; papilliferum. However, our evaluation steppe ecosystem, we expect continued potential seed predation by harvester of the ongoing and planned increases in fire frequency and ants; and habitat fragmentation and conservation efforts for the species magnitude, with associated negative isolation, to the point that we would concludes that these efforts are not impacts on L. papilliferum. consider it unlikely that L. papilliferum sufficient to offset the threats described As wildfire continues to promote the will become endangered within the in this rule to the point that we consider conversion of sagebrush to nonnative foreseeable future. it unlikely that L. papilliferum will annual grasslands, we also anticipate We have also considered all formally become endangered within the that Owyhee harvester ants will expand planned conservation efforts, by foreseeable future. into areas occupied by L. papilliferum, evaluating the individual conservation as the density of harvester ants is efforts contained in five conservation Finding negatively associated with sagebrush plans developed for Lepidium We have carefully assessed the best cover, and they appear to readily papilliferum to evaluate how many were scientific and commercial information colonize grassland habitats that are implemented or certain to be available regarding the present and replacing sagebrush. Seed predation on implemented in the future; and how future threats to Lepidium papilliferum. L. papilliferum is thus expected to many efforts were so effective as to have This plant is endemic to southwest increase, with negative consequences contributed to the elimination or Idaho and occurs within a limited for plant reproduction and the reduction of one or more threats to the geographical range that totals maintenance of the persistent seed bank. species. We have no information approximately 16,000 ac (6,475 ha). The Additionally, future development indicating that there are any new species predominantly occurs in highly threatens many of the remaining L. conservation efforts planned for the specialized and unique microsite papilliferum occupied sites, primarily future that we have not already habitats called slickspots within the in the Snake River Plain and Boise evaluated in the course of applying our sagebrush-steppe ecosystem. The Foothills. Development can result in the Policy for the Evaluation of specialized slickspot habitats were permanent loss of slickspot microsite Conservation Efforts (68 FR 15100; formed during the Pleistocene period habitats, and contributes to the March 28, 2003) to management actions and are considered a finite resource; the problems associated with habitat planned for the benefit of L. fact that these slickspots likely cannot fragmentation and the isolation of small papilliferum, as described in past be recreated or restored once they have populations. The loss of slickspots, actions for this species (69 FR 3094; 72 been lost was an important particularly those slickspots occupied FR 1622). We recognize the benefit of consideration in our evaluation of the by the species and thus clearly these planned conservation measures threats to L. papilliferum. In addition, providing the requisite conditions to and acknowledge the efforts of the the species’ limited geographical range support L. papilliferum, is of great entities engaged in planning these makes it particularly vulnerable to the concern due to the finite nature of this measures for the benefit of L. many threats affecting its habitat. We resource. Habitat fragmentation and papilliferum. However, as with ongoing have evidence indicating that the finite isolation potentially reduces the long- conservation efforts, in most cases the slickspot habitats of the species are term viability of populations by measures are simply not logistically continuing to degrade in quality from a impeding genetic exchange through feasible for implementation at the scale variety of threats. Based on the best insect pollination or pollen dispersal, that would be required to effectively scientific data currently available, the resulting in decreased seed production reduce the threats to the species across primary significant threats to the species and possibly reduced genetic diversity. its range. Based on our most recent are the effects of wildfire and invasive As with the 2007 finding (72 FR 1622; evaluation, we conclude that those nonnative plants, especially Bromus January 12, 2007), we do not see strong planned conservations efforts that we tectorum. evidence of a steep negative population consider likely to be implemented and In our 2007 finding (72 FR 1622; trend for the species. However, recent effective are not sufficient to offset the January 12, 2007), we concluded: ‘‘The analysis of the best available scientific threats posed to L. papilliferum by the best available data for Lepidium data suggests that Lepidium modified wildfire regime; invasive papilliferum indicate that while the papilliferum numbers may be trending nonnative plants; development; broad scale habitat in which the species downward, and the dataset from the potential seed predation by harvester exists is degraded, we have no data that rough census areas on the OTA, which ants; and habitat fragmentation and correlates this with species abundance.’’ we consider to be the most reliable, isolation, to the point that we would We now have new information shows a statistically significant consider it unlikely that L. papilliferum indicating a statistically significant downward trend in density over the last will become endangered within the negative association between L. 18 years. The evidence suggests this foreseeable future. papilliferum abundance and wildfire, negative trend is independent of any In summary, all ongoing conservation and between L. papilliferum abundance trend in precipitation over the same efforts have been considered and and cover of B. tectorum in the period of time. The extreme variability evaluated in terms of their effectiveness surrounding plant community; these in annual abundance makes the in ameliorating the threats to Lepidium negative associations are consistent detection of any such trend statistically papilliferum as described in this rule. throughout the range of the species. challenging; not all monitoring data We have additionally considered all Wildfire occurs throughout the range of have shown consistently significant formally planned future conservation L. papilliferum and has dramatically results, and, as described earlier, there efforts for the species, and evaluated increased in both frequency and extent are numerous factors that serve to those efforts in terms of the certainty of over historical levels, especially where complicate the confident detection of a their implementation and their potential B. tectorum is dominant. We expect this population trend in this species. We do for effectiveness in ameliorating the trend to continue and possibly increase now have evidence, however, that the threats to L. papilliferum. We recognize due to the projected effects of climate primary threats of wildfire and invasive

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nonnative plants, especially B. that it is presently in danger of be disproportionately threatened such tectorum, are currently acting on the extinction. Therefore, we do not believe that they currently meet the definition species and its habitat throughout its L. papilliferum meets the definition of of an endangered species versus a limited range, and furthermore we now an endangered species. We additionally threatened species. Our evaluation of have evidence of a significant negative considered whether any significant whether there are any significant association between the abundance of L. portion of the species’ range meets the portions of Lepidium papilliferum’s papilliferum and these two threats. definition of endangered (see range (SPR) where listing the species as Indications are that all of the significant Significant Portion of the Range endangered may be warranted follows. threats to L. papilliferum identified in Evaluation, below); however, we could On March 16, 2007, a formal opinion this rule, including development and not determine that any significant was issued by the Solicitor of the habitat fragmentation, but especially portion of the species’ range is presently Department of the Interior, ‘‘The wildfire and invasive nonnative plants, in danger of extinction, thus no Meaning of ‘In Danger of Extinction will continue and likely increase into significant portion of the species range Throughout All or a Significant Portion the foreseeable future. The projected warrants listing as endangered. We can, of Its Range’’’ (USDI 2007). We have future consequences of climate change, however, reasonably anticipate the summarized our interpretation of that if realized, will further magnify the impacts of the threats on L. papilliferum opinion and the underlying statutory primary threats posed by wildfire and B. rangewide, and we believe those threats language below. tectorum. Furthermore, we conclude acting in combination are likely to result In determining whether a species is from our evaluation of the ongoing and in the species becoming endangered threatened or endangered in a planned conservation efforts for within the foreseeable future. Therefore, significant portion of its range, we first Lepidium papilliferum that, despite the we are listing L. papilliferum as a identify any portions of the range of the best efforts of the State and other threatened species throughout all of its species that warrant further management agencies, there is no range under the Act. consideration. The range of a species information leading us to believe that can theoretically be divided into Significant Portion of the Range (SPR) portions in an infinite number of ways. sufficient management tools are Evaluation currently being implemented that are However, there is no purpose to capable of effectively reducing or Section 3 of the Act defines an analyzing portions of the range that are ameliorating the primary threats of endangered species as a species in not reasonably likely to be significant danger of extinction throughout all or a wildfire and invasive nonnative plants, and threatened or endangered. To significant portion of its range, and a particularly B. tectorum, across the identify those portions that warrant threatened species as a species that is range of L. papilliferum, to a point further consideration, we determine likely to become an endangered species whether there is substantial information where the species is not likely to within the foreseeable future throughout indicating that (i) the portions may be become endangered in the foreseeable all or a significant portion of its range. significant and (ii) the species may be in future. As we can reasonably anticipate In our analysis for this final rule, we danger of extinction there or likely to the continuation or increase of all of the initially evaluated the status of and become so within the foreseeable future. significant threats to L. papilliferum into threats to the species throughout its In practice, a key part of this analysis is the foreseeable future, even after entire range. Lepidium papilliferum is whether the threats are geographically accounting for ongoing and planned restricted to a relatively small range in concentrated in some way. If the threats conservation efforts, and based on the southwestern Idaho. The range of the to the species are essentially uniform observed significant negative correlation species has been divided into three throughout its range, no portion is likely between the primary threats of wildfire physiographic regions, based on to warrant further consideration. and invasive nonnative plants, differences in topography, soil, and Moreover, if any concentration of particularly B. tectorum, and the relative abundance of L. papilliferum. threats applies only to portions of the abundance of L. papilliferum, we can These three physiographic regions, range that are unimportant to the reasonably infer that the negative shown in Figure 1, are the Boise conservation of the species, such consequences of these threats on the Foothills, Snake River Plain, and portions will not warrant further species will continue, and, under Owyhee Plateau. In our evaluation of consideration. current conditions, population declines threats to L. papilliferum, we If we identify any portions that will likely be observed within the determined that the threats acting on the warrant further consideration, we then foreseeable future to the point at which species may differ in severity to some determine whether in fact the species is L. papilliferum will become an degree between these physiographic threatened or endangered in any endangered species. regions, as demonstrated by Sullivan significant portion of its range. Section 3 of the Act defines an and Nations (2009, Chapter 8, pp. 97- Depending on the biology of the species, endangered species as ‘‘any species 138). On the basis of this evaluation, we its range, and the threats it faces, it may which is in danger of extinction determined that the entire species meets be more efficient for the Service to throughout all or a significant portion of the definition of threatened under the address the significance question first, its range’’ and a threatened species as Act due to the loss or degradation of its or the status question first. Thus, if the ‘‘any species which is likely to become habitat, due primarily to the modified Service determines that a portion of the an endangered species within the wildfire regime and invasive nonnative range is not significant, the Service need foreseeable future throughout all or a plant species. The basis of this not determine whether the species is significant portion of its range.’’ determination is captured within the threatened or endangered there. Lepidium papilliferum is currently analysis of each of the five listing Alternatively, if the Service determines affected by a variety of threats across its factors, and the Finding immediately that the species is not threatened or entire geographic range. As we have not preceding this section. endangered in a portion of its range, the yet observed the extirpation of local Recognizing the potential differences Service need not determine if that populations or steep declines in the in the magnitude of threats, we portion is significant. If the Service abundance of the species, we do not evaluated whether there were any determines that both a portion of the believe the status of the species is such specific areas or populations that may range of a species is significant and the

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species is threatened or endangered qualify as endangered. As described in confidence in any trend data due to there, the Service will specify that our Finding above, the threats are such small sample size and lack of portion of the range as threatened or that we anticipate L. papilliferum will independence between years,’’ and endangered pursuant to section 4(c)(1) become endangered within the asserted that there are no data to of the Act. foreseeable future across its range. indicate that the population is in To determine whether any portions of However, at present we have no decline. Two peer reviewers agreed that the range of Lepidium papilliferum evidence of any recent localized the available information revealed a warrant further consideration as population extirpations, nor is there significant declining trend that was not possible endangered significant portions evidence of any localized precipitous strong for the years analyzed, but of the range, we reviewed the entire population declines indicating that L. expressed a lack of confidence that this supporting record for this final listing papilliferum is currently in danger of trend could be reliably projected into determination with respect to the extinction in any portion of its range. As the future. Another peer reviewer did geographic concentration of threats and a result, while the best scientific data not see strong evidence for a declining the significance of portions of the range available allows us to make a population and believed that viable to the conservation of the species. In determination as to the rangewide status populations would be maintained over this case, we first evaluated whether of L. papilliferum, we have determined the next 50 years if current conservation substantial information indicated (i) the that the best available data show that efforts continue. One peer reviewer threats are so concentrated in any there are no portions of the range in offered that ‘‘ultimately, the availability portion of the species’ range that the which the threats are so concentrated as and quality of suitable habitat, not past species may be currently in danger of to place the species currently in danger population trends, will determine L. extinction in that portion; and (ii) if so, of extinction. Because we find that L. papilliferum’s population trajectory.’’ whether those portions may be papilliferum is not endangered in any Our Response: In our 2007 significant to the conservation of the portion of its range, we need not address withdrawal of the proposed rule to list species. the question of whether any portion Lepidium papilliferum as endangered Our rangewide review of the species may be significant. concluded that Lepidium papilliferum is (72 FR 1622; January 12, 2007), we likely to become endangered within the Peer review stated that data on overall population foreseeable future. Therefore, the trends for L. papilliferum were In accordance with our peer review inconsistent. Since that time we have species meets the definition of policy published on July 1, 1994 (59 FR threatened under the Act. As described received and evaluated new 4270), and current Department of the information, including independent above, to establish whether any areas Interior guidance, we solicited seven may warrant further consideration, we statistical analyses of long-term plant individuals with scientific expertise on monitoring data, in an attempt to reviewed our analysis of the five listing Lepidium papilliferum, its habitat, and factors to determine whether any of the discern any long-term trend in the the geographic region in which the abundance of the species. We significant threats identified were so species occurs to provide their expert concentrated that some portion of L. acknowledge that forming a reliable opinion and to review and interpret estimate of trend in the abundance of L. papilliferum’s range may currently be in available information on the species’ danger of extinction. All of the papilliferum over time is complicated status and threats. Four of the seven by multiple factors; however, we are significant threats identified in this rule, peer reviewers had previously the primary threats of modified wildfire mandated by the Act to use the best participated on a May 2006 expert panel available scientific and commercial data regime and invasive nonnative plant of independent scientists convened to species, and the lesser threats of in our assessment. Therefore, we have evaluate the available data and threats relied upon that data we have development and habitat fragmentation to L. papilliferum as part of our 2007 and isolation, act on the species determined to be most reliable for the listing determination. Although all discernment of population trend. As throughout its range. The threat of seven of the original expert panelists development is somewhat greater in the described above in the section were invited to participate in the Population Abundance and Trend, one Boise Foothills and Snake River Plain current evaluation, not all were physiographic regions relative to the complicating factor is that individual available to do so. The peer reviewers Owyhee Plateau, but as discussed in our plants may act as either an annual or a were asked for their expert opinion on analysis under Factor A, we have no biennial form in any given year, and the best available information by information indicating that this threat is there can be varying numbers of plants responding to a series of questions so imminent or disproportionately acting as either spring-flowering posed by the Service regarding L. severe as to place the species in danger annuals or overwintering rosettes. The papilliferum population trends, threat of extinction within those relative proportions of these two life- factors, and their effects on L. physiographic regions at present. In history forms can fluctuate annually papilliferum population viability. We addition, the analysis of Sullivan and depending on a variety of factors, received responses and comments from Nations (2009) demonstrated that the including precipitation, temperature, magnitude of the threats to L. six of the seven peer reviewers, which and the abundance of rosettes produced papilliferum from some factors, such as are provided in the following summary the previous year (Unnasch 2008, pp. individual species of invasive nonnative and incorporated into the final rule as 14-15; Sullivan and Nations 2009, pp. plants (e.g., Agropyron cristatum) may appropriate. 43-44, 134-135). Another factor is that L. vary to some degree between Peer Review Comments and Responses papilliferum has a seed bank with a physiographic regions. However, based longevity of approximately 12 years, on our review of the record, we did not Population Trend likely as an adaptation to a highly find substantial information indicating (1) Comment: The peer reviewers variable environment. Years of good that any of the significant threats to the differed in their explanation for rainfall favorable for germination and species were so severe or so describing a population trend for survival may be followed by periods of concentrated as to indicate that some Lepidium papilliferum. One peer drought; a persistent seed bank provides portions of L. papilliferum’s range reviewer stated they have ‘‘no a population buffer against years of poor

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reproductive performance in a highly trend in the population; the authors Lepidium papilliferum abundance is variable environment (Meyer et al. 2005, acknowledge that the dynamics are really occurring, based on high numbers p. 21). The tendency of only a small complicated, and note that their model of plants recorded in 2008. Another peer percentage of a single year’s seed cohort is not intended to describe (nor explain) reviewer, however, had little confidence to germinate in any given year over a the details of the temporal pattern of that this one-time observation was 12–year period results in a significant abundance or density of L. papilliferum indicative of any long-term increasing lag effect in detecting any real (Sullivan and Nations 2009, p. 38). The trend. We note that the increase in underlying change in total population authors concluded that the population numbers of L. papilliferum in 2008 is abundance over the long term. data from the rough census monitoring largely based on substantial increases at Further complications are posed by on the OTA represents the most reliable only 6 out of 80 HIP transects; 66 the extreme annual variability observed dataset for the species, and that there is percent of all L. papilliferum counted in in plant numbers. This challenge was ‘‘limited evidence for declining 2008 were found at these 6 transects recognized by Mancuso and Moseley populations,’’ in that trends on the OTA (Colket 2009, p. 26). Furthermore, the (1998, p. 1), who noted the difficulty in are negative but only statistically plant community where these six discerning any real trend in population significant for the rough census areas transects are located has not been abundance of above-ground individuals (Sullivan and Nations 2009, pp. 2, 44). burned, and is dominated by native of Lepidium papilliferum, since in many The extreme variability in annual sagebrush (Artemisia tridentata). These years the majority of the population is counts of the species makes it difficult six transects therefore represent some of represented by the seed bank, hence to discern a trend in numbers with the highest-quality habitat remaining for sites that ‘‘have thousands of statistical confidence; for this reason for L. papilliferum. Since the increases individuals one year may have none the the purposes of modeling a trend observed in 2008 were highly localized next year.’’ Some of the variability in through time, we place greater and occurred in remnant high-quality yearly plant numbers is likely due to the confidence in the longest time series of habitats, and considering that rangewide relationship between L. papilliferum monitoring data available, which is from most L. papilliferum occurrences are in and precipitation. The annual the OTA (up to 18 years of data for some degraded habitats and counts tend to be abundance or density of L. papilliferum rough census areas and all special-use highly variable from year to year, we do plants shows a significant positive plots). This is in agreement with the not believe it is reasonable to infer that association with the levels of spring independent assessment of Sullivan and this one-time increase in abundance rainfall, roughly from March through Nations (2009, pp. 3, 36, 93). In portends any future rangewide increases May (Meyer et al. 2005, p. 15; Palazzo addition, those authors had slightly in abundance of the species. Please also et al. 2005, p. 9; Sullivan and Nations greater confidence in the data from the see ‘‘2008 HIP Survey Results’’ under 2009, pp. 39-41), and the survival of rough census areas on the OTA, since our response to public comments biennials is associated with increased they are larger than the special-use plots number 12, below. summer rainfall (Meyer et al. 2005, p. and have multiple slickspots; therefore, 15). In addition, temperature appears to the counts are less susceptible to Data Quality play a role in annual abundance of L. localized impacts (Sullivan and Nations (2) Comment: One peer reviewer papilliferum in concert with 2009, p. 55). stated that information contained in precipitation, although the exact nature Because the OTA data on Lepidium many of the study reports is based on of that relationship is complex and not papilliferum abundance and density data that were not collected for specific well understood (Sullivan and Nations results from a standardized collection analysis, but instead represents an 2009, p. 57). effort over a period of nearly 20 years, analysis that was performed on data We contracted with independent we consider the information from the whose accuracy is unknown or from consultants to analyze the available OTA to be the best available data with small data sets comprised of population data for Lepidium which to detect any general long-term interdependent data. Another peer papilliferum, to assist us in determining population trend for L. papilliferum. reviewer noted the difficulty in which datasets represent the best The analysis of this dataset from the comparing different data sets as well as available information and to provide an rough census areas on the OTA shows data sets with differing collection independent assessment of any a statistically significant downward methodologies; while another reviewer population trend in the species, if trend in density of L. papilliferum over identified that several of the data sets possible. The resulting report, cited in the last 18 years. This trend appears to examined were collected over such this document as Sullivan and Nations be independent of any trend in short periods (2 to 3 years) that the 2009, was prepared to evaluate precipitation over the same time period, study results were of limited value. In monitoring and survey methodologies indicating this decline is occurring due contrast, another peer reviewer stated and conduct statistical analyses on to factors other than precipitation that it is important to make conclusions Lepidium papilliferum data collected on pattern (Zwartjes 2009, p. 1). We based on available information when the OTA since 1990, as well as to therefore conclude that the best unequivocal data is lacking. analyze the rangewide Habitat Integrity available data suggest that Lepidium Our Response: The Act requires us to and Population (HIP) monitoring data papilliferum numbers are probably make listing decisions based solely on collected over the past 5 years (see our trending downward. Furthermore, since the best scientific and commercial response to the State of Idaho this significant downward trend has information available at the time the Comments, below, for more information been detected on the OTA, which decision is being made (section on the Sullivan and Nations 2009 represents some of the highest quality 4(b)(1)(A)). We thoroughly reviewed and report). This report was made available habitat remaining for L. papilliferum, evaluated all available scientific and to the peer reviewers. The evaluation of we believe it is reasonable to infer that commercial data for Lepidium Sullivan and Nations was based on a this negative trend is similar or possibly papilliferum in preparing this final simple model of L. papilliferum even greater rangewide, in areas of listing determination. We reviewed abundance or density as a linear lower quality habitat. historical and recent publications, as function of time, intended only to We note that one peer reviewer well as unpublished reports concerning discern whether there was any general questioned whether a decline in L. papilliferum and sagebrush-steppe

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habitats of southwestern Idaho. As part reviewers mentioned habitat Affecting the Species section of this of our process, the seven peer reviewers degradation and loss of the sagebrush- rule. were asked to provide a critical steppe habitat from exotic and invasive (4) Comment: The peer reviewers examination of the new scientific nonnative grasses to be of concern or a varied in their estimates of a time period information pertaining to L. primary threat. Other threats identified over which they could reliably predict papilliferum. This information included included development (two reviewers), the effects of threats, both individually both long-term and recent HII/HIP seed predation by harvester ants (two and synergistically, on the population rangewide survey and monitoring data, reviewers), and habitat fragmentation viability and survival of Lepidium the statistical analyses of long-term OTA (two reviewers). One reviewer identified papilliferum. One peer reviewer could monitoring data, and the 5 years of livestock as a potential threat, one not ‘‘reliably predict the effect of each available HIP monitoring data reviewer asserted that there are no good of the primary threats to the species, completed by an independent data to suggest that livestock are a based on the data before me since the consultant. In addition, we received an threat, and one reviewer suggested that, data does not exist.’’ Another peer independent critique of the if managed appropriately, livestock reviewer suggested that given current methodologies of several recent reports could be utilized to manage the threat trends in habitat loss and degradation, or analyses of L. papilliferum data of nonnative invasive grasses and the Lepidium papilliferum ‘‘is likely at a (Sullivan and Nations 2009, pp. 139- associated increase in fire frequency. tipping point in terms of its prospect for 148), to assist in our assessment of the One peer reviewer stated that there are survival,’’ and doubted that the species best available data. few reliable scientific studies to show would persist in sustainable numbers We agree that the differing any cause-and-effect relationships to L. beyond the next 50 to 75 years. Most methodologies and lack of papilliferum, and stated that the species peer reviewers did not project a time standardization present challenges in continues to exist in areas of supposed period for predicting threat effects or evaluating the data relevant to Lepidium threats, including ‘‘burned over areas.’’ extinction risk, stating that future papilliferum. Furthermore, much of the projections were likely speculative. Our Response: In making this data are observational in nature; that is, Our Response: As described above, determination, we evaluated several the data were not collected based on the Act requires us to make listing potential threat factors including the controlled experiments, but are decisions based solely on the best effects of wildfire; invasive nonnative primarily based on observations of the scientific and commercial data available plants; development; seed predation; relative conditions or abundance of at the time the decision is being made various environmental variables, such livestock use; wildfire management; (section 4(b)(1)(A)). Based upon the best as livestock print cover and the relative habitat fragmentation and small scientific and commercial data abundance of L. papilliferum. However, populations; military training; available, we must make a as noted above, we have a legal recreation; and climate change. Of all determination as to whether the species obligation under the Act to make a the threat factors examined, we under consideration is in danger of determination based upon the best determined that the modified wildfire extinction throughout all or a significant scientific and commercial data available regime affecting the species’ sagebrush- portion of its range (endangered), or if at the time; the statute does not provide steppe habitat in combination with the the species is likely to become for additional research, nor does it spread of nonnative invasive annual endangered within the foreseeable provide the option of not making a plants such as Bromus tectorum and future throughout all or a significant determination. We must therefore Taeniatherum caput-medusae are likely portion of its range (threatened). We evaluate all of the scientific and the primary factors affecting abundance consider the ‘‘foreseeable future’’ to be commercial data before us to determine and the long-term persistence of that period of time over which events which data we consider to be the best Lepidium papilliferum. Tightly can reasonably be anticipated. In available. As part of our evaluation, we controlled experiments that demonstrate considering threats to the species and carefully considered factors such as the clear causal relationships between whether they rise to the level such that time series of data collection, the variables examined are rare. Studies that listing the species as threatened or variability of the data, and demonstrate a significant or non- endangered is warranted, we assess standardization of data-collection significant correlation between variables factors such as the imminence of the procedures in weighing the relative are prevalent in the scientific literature, threat (is it currently impacting the value or reliability of study results. We and in many cases, depending on factors species, and is it reasonable to expect considered all of these factors in such as the quality of the data and the threat to continue into the future?), considering the relative quality of the analysis, constitute the best information the scope or extent of the threat, the data available, and in determining available. For example, such analyses severity of the threat, and the synergistic which data to rely upon in our have demonstrated a significant effects of all threats combined. If we determination. Throughout our review negative relationship between the determine that the species is not and evaluation, we followed the density or abundance of L. papilliferum currently in danger of extinction, then Service’s Information Quality and the occurrence of fire and cover of we must determine whether, based Guidelines (USFWS 2007) to prepare B. tectorum (Sullivan and Nations 2009, upon the nature of the threats, it is this final determination. pp. 116-118, 130-131, 135-137). Based reasonable to anticipate that the species on this observed significant may become in danger of extinction Threats to the Species relationship, we infer that as the within the foreseeable future. (3) Comment: The peer reviewers occurrence of fire and the cover of B. We have identified the present or varied in describing which threats they tectorum increase, we will observe a threatened destruction, modification, or considered to be of primary importance decrease in the density or abundance of curtailment of Lepidium papilliferum’s to the population viability of Lepidium L. papilliferum. A complete review and habitat or range as a threat to the papilliferum. Three of the six peer evaluation of the threats affecting L. species, based on the observed negative reviewers expressed concern regarding papilliferum, including a discussion of association between the abundance or the impact of wildfire on L. papilliferum our rationale in assessing those threats, density of the plant and the current, and its habitat, while four of six peer is presented in the Summary of Factors frequent fire regime and invasion of

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Bromus tectorum and other nonnative papilliferum is a threatened species, as that seed dispersal by wind or sheep is plants, as well as the direct loss of defined by the Act. most likely not responsible for the current distribution of L. papilliferum, limited slickspot microsite habitats to Seed Dispersal development. Predation is an additional nor are these processes currently threat to the persistence of the species, (5) Comment: One peer reviewer occurring at a level that is significant to as seed predation by harvester ants has suggested that the seeds of L. the life history of the species. potentially significant consequences for papilliferum can be widely dispersed by high winds, in addition to potential Summary of Public Comments and the plant’s seed bank, and the presence Recommendations of harvester ants appears to be dispersal by animals. This reviewer associated with the observed conversion stated that the seeds produce mucilage Since the proposed rule was of sagebrush-steppe to nonnative annual when wet and may likely have been reinstated by the Court, there have been grasslands. Habitat fragmentation and dispersed by clinging to the wool of two public comment periods. During the isolation resulting from development sheep, citing Rollins 1993, and suggests September 19, 2008, 30–day comment and associated infrastructure, such as that L. papilliferum is not necessarily so period for the proposed rule, we highly specialized in its habitat utility lines, contributes to the threats of received a total of seven comment requirements, but that the current wildfire and nonnative plant invasion, letters in response to our request for distribution of L. papilliferum may be and may additionally impact L. new information: two from Federal due to the past activities of Basque papilliferum by limiting genetic agencies and five from organizations or sheep herders. exchange between populations via individuals. The State of Idaho Our Response: We acknowledge that submitted comments and new insect pollination. Climate change may the seeds of Lepidium papilliferum may further accelerate the conversion of information after the close of the occasionally be dispersed by wind. comment period. During the March 17, intact sagebrush-steppe habitat to However, the species does not invasive nonnative annual grasslands, 2009, 30–day comment period, we demonstrate any of the usual received 14 comments, including 6 with subsequent associated increases in adaptations to assist in wind dispersal, wildfire frequency and, potentially, solicited from peer reviewers. Of the such as winged seeds, that would public comments, all were received harvester ant expansion. These threats indicate wind as the usual mode of are all occurring at present, and based either in written form or through the dispersal for the species. In the paper portal at: http://www.regulations.gov. on the evidence before us, we believe it cited by the reviewer, Rollins (1993, p. is reasonable to anticipate that the Two public commenters generally 535) suggests that the seeds of plants in supported the proposed rule to list the current regime of frequently recurring the genus Lepidium may potentially be wildfires, the invasion of nonnative species; seven were opposed to the dispersed by sheep; this study was not proposed rule, and the remaining were grasses and other plants, development, specific to L. papilliferum, but appears and the expansion of harvester ants will either neutral or provided new to be more relevant to weedy Lepidium information regarding the proposed continue and likely increase into the species of Europe and Asia, such as L. foreseeable future. Although rule. Comments that provided new perfoliatum. In evaluating whether the information were incorporated into this conservation measures to address some present range of L. papilliferum may be of these threats have been considered final determination, or are addressed due to the activities of either wind or below. Public comments received were and in some cases implemented, Basque sheepherders, we considered grouped into six general issues, and are effective controls throughout the range both the current knowledge of the range addressed in the following summary. of the L. papilliferum are simply not of L. papilliferum and the results of available in many cases. For example, it recent genetic studies. Lepidium Public Comments is not anticipated that landscapes papilliferum is endemic to southwest New Information dominated by B. tectorum can feasibly Idaho, and the best available be restored to intact sagebrush-steppe information indicates that there are no (6) Comment: Several commenters habitat within the foreseeable future, as populations reported in other States provided new data and information restoration of L. papilliferum’s native where the Basques from Idaho would regarding the biology, ecology, life sagebrush-steppe ecosystem is have also ranged with their sheep, thus history, and threat factors affecting considered one of the greatest indicating that sheep were likely not the Lepidium papilliferum, and requested it restoration challenges in the Great Basin primary vectors for seed dispersal that be incorporated into the body of existing (Bunting et al. 2003, pp. 82-84). resulted in the current range of the information the Service has on the Moreover, the threats to L. papilliferum species. In addition, if wind dispersal species and be considered by us in can reasonably be anticipated to defined the range of the species, we making any future listing continue or increase. This information, would not expect the species to be determinations. in concert with the observed negative confined to this limited range in Our Response: We thank the association between these threats and southwest Idaho, as the wind would commenters who provided new data the abundance of the species (in the certainly be capable of carrying seeds and information for our consideration in further context of considerations such as beyond the present boundaries within making this final listing determination. the limited geographic extent of the which L. papilliferum is found. Finally, We have considered scientific and species’ range and the finite nature of its genetic studies showing that smaller commercial information regarding slickspot microhabitats), lead us to the populations of L. papilliferum have Lepidium papilliferum contained in conclusion that it is reasonable to reduced genetic variability (Larson et al. over 100 technical documents, anticipate that L. papilliferum is likely 2006, p. 17) is not consistent with the published journal articles, and other to become endangered in the foreseeable theory that the seeds are wind- general literature documents, including future. Based on our assessment of the dispersed, which would provide a over 50 documents we have received best scientific and commercial data consistent source of genetic mixing and since the January 2007 withdrawal of available regarding the past, present, reduce the genetic isolation of these the proposed rule to list L. papilliferum and future threats faced by the species, small populations, thereby maintaining (72 FR 1622; January 12, 2007). The we have therefore determined that L. genetic diversity. We therefore conclude body of available information specific to

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L. papilliferum has increased since decisions based solely on the best available regarding the threats faced by 2007, including new scientific scientific and commercial data the species, we have determined that L. information regarding the species’ available. The Service has a legal papilliferum meets the definition of a biology, ecology, and distribution; obligation to make a determination threatened species under the Act. We habitat quality monitoring; the based on the best available data before have also determined that designating implementation and effectiveness of us at the time the decision is being critical habitat for L. papilliferum is ongoing conservation efforts; and made; the statute does not provide for prudent but not determinable at this information pertaining to threat factors additional research, nor does it provide time (see Critical Habitat affecting the species. This information the option of not making a Determinability, below). was contained in State Agency reports determination. We have thoroughly Taxonomic Status of Lepidium (ICDC 2007a; ICDC 2007b; Quinney reviewed all available scientific and papilliferum 2007; ICDC 2008; IDFG 2008; State of commercial data for Lepidium Idaho 2008; Unnasch 2008; Colket 2009; papilliferum in preparing this final (8) Comment: One commenter Robertson and White 2009) and other listing determination. We reviewed suggested that Lepidium papilliferum is scientific reports and peer-reviewed historical and recent publications as a local variation of Lepidium articles (Billinge and Robertson 2008; well as unpublished reports concerning montanum, and therefore is not a Palazzo et al. 2008; Smith et al. in L. papilliferum and the sagebrush- species or subspecies as defined under press). We also considered information steppe habitat where it occurs in the Act. Another commenter stated that contained in population survey and southwestern Idaho. In addition, we considerable uncertainty remains monitoring reports (Boise Airport 2003; utilized peer review to provide a more regarding the taxonomy of L. Hoffman 2005; ICDC 2007b; Quinney focused, independent examination of papilliferum and suggested that the 2007; U.S. Air Force (CH2MHill the available scientific information and Service conduct a genetic study to 2007a,b, 2008a,b); U.S. BLM 2007, its application to the current status of resolve any taxonomic disputes. Our Response: Lepidium papilliferum 2008a; Cole 2008; Colket 2009). the species. Finally, we contracted with was originally described as L. Additionally, to gain a better independent consultants to assist us in montanum var. papilliferum in 1900 by understanding of existing monitoring analyzing L. papilliferum abundance Louis Henderson. It was renamed L. data, we contracted with independent and habitat quality monitoring data. As papilliferum by Aven Nelson and J. consultants to conduct several analyses, described in our response to peer review Francis Macbride in 1913 based on its including: a statistical analysis on long- comments above (number 2), as part of distinctive growth habit, short lifespan, term monitoring data collected at the our evaluation, we carefully consider and unusual pubescence (Nelson and OTA, an analysis of rangewide HIP data, the quality and reliability of all data to Macbride 1913, p. 474). Hitchcock and an assessment of the methodologies decide which constitutes the best regarded L. papilliferum as L. of other recent analyses (Sullivan and available data for our consideration in montanum var. papilliferum, Nations 2009); a statistical and making our final determination. geospatial analysis of data collected influencing several publications, Our evaluation of the significance of during 2000-2002 field surveys at the including Flora of Idaho and Flora of Inside Desert of the Owyhee Plateau the threat factors across the range of the Pacific Northwest (Hitchcock et al. (Popovich 2009); and a geospatial Lepidium papilliferum is presented in 1964, p. 516; Hitchcock and Cronquist analysis of wildfire and vegetation types the Summary of Factors Affecting the 1973, p. 170; Steele 1981, p. 55; Moseley within the range of L. papilliferum Species section of this final 1994, p. 2). In a 1993 review of taxa in (Stoner 2009). Finally, in order to assess determination. Additional discussion of the mustard family (Brassicaceae), any potential relationship between our application of the standards of the Rollins maintained the species as L. abundance or density of L. papilliferum Act in making our determination is papilliferum based on differences in the and precipitation trends over time, we provided in our response to peer review physical features between the two conducted our own analysis of comment number 4, above. Lepidium species such as: precipitation patterns at the OTA papilliferum is currently affected by (1) L. papilliferum has trichomes (Zwartjes 2009). All of the documents threat factors across its entire (hair-like structures) occurring on the were made available to the public and geographic range. Based on our filaments of stamens (the part of flower provided to the six peer reviewers. evaluation, we believe it is reasonable to that produces pollen), but L. montanum anticipate that the negative impacts of does not; Appropriate Listing Status of Lepidium these threats on L. papilliferum (2) All the leaves on L. papilliferum papilliferum rangewide will continue and even are pinnately divided whereas L. (7) Comment: One commenter stated increase. Although we consider the montanum has some leaves that are not that the Service should immediately impacts of these threats to be divided; move to list Lepidium papilliferum as foreseeable and likely to result in the (3) The shape of the seed capsule endangered and simultaneously species becoming endangered within (silicle [silique]) of L. papilliferum is designate critical habitat. Conversely, the foreseeable future, we do not different from that of L. montanum; and the State of Idaho ‘‘remains steadfast in consider L. papilliferum to be currently (4) The silicle of L. papilliferum has its belief that the species does not in danger of extinction. Furthermore, no wings, or even vestiges of wings, at warrant this protection’’ (see State of while we acknowledge the efforts of the its apex (end of the capsule), unlike that Idaho comments, below). One other State and other entities to implement of L. montanum (Rollins 1993, p. 578; commenter agreed with this position conservation measures for the species, Moseley 1994, p. 2). A review of the and two commenters indicated that the best available information leads us taxonomic status by Lichvar (2002), there is inadequate scientific to believe that currently available using classic morphological features and information to make a decision to list L. management tools are not capable of study of herbarium specimens, papilliferum at this time, and requested effectively reducing or ameliorating concluded that L. papilliferum has additional studies be completed. these threats across the range of the distinct morphological features that Our Response: Section 4(b)(1)(A) of species. Based on our assessment of the warrant species recognition. In addition, the Act requires us to make listing best scientific and commercial data Meyer et al. (2005, p. 17) describe a

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contrast in life history when compared conservation efforts contained in five papilliferum at the airport, while the to L. montanum regarding seed different plans, or conservation Hull’s Gulch Conservation Agreement dormancy and the seed bank. Lepidium strategies, developed for L. papilliferum. focuses on coordinating and planning papilliferum seeds can remain dormant These five plans were: (1) the 2003 CCA; activities with the Service in Hull’s (and viable) and persist in the seed bank (2) the Idaho Army National Guard Gulch in the Boise Foothills. for up to 12 years; in contrast, L. (IARNG) Integrated Natural Resource With the exception of conservation montanum has largely nondormant Management Plan (INRMP) for Gowen efforts implemented by the IDARNG seeds (Meyer et al. 2005, p. 17). Field/Orchard Training Area; (3) the over the past 18 years, many of the Resolving one commenter’s concern, a U.S. Air Force INRMP for Mountain conservation efforts presented in the recent genetic study compared L. Home Air Force Base; (4) the conservation plans, although laudable, montanum, L. papilliferum, and L. Conservation Agreement by and have not been implemented over a fremontii. Results of the study indicated between the City of Boise and the period of time long enough for that L. fremontii and L. papilliferum are Service for Allium aasea (Aase’s onion), effectiveness to be adequately morphologically and ecologically Astragalus mulfordiae (Mulford’s demonstrated. Similarly, the adaptive distinct from L. montanum, with milkvetch) and L. papilliferum, also management provisions in the 2003 apparently little gene flow between L. known as the Hull’s Gulch Agreement; State of Idaho CCA have not been fremontii and L. papilliferum, and L. and (5) the Conservation Agreement for implemented long enough to have montanum (Smith et al. in press, p. 18). slickspot peppergrass (Lepidium sufficient certainty of their effectiveness Lepidium papilliferum is recognized as papilliferum) at the Boise Airport, Ada in addressing the long-term a distinct species by Intermountain County, Idaho. conservation of L. papilliferum. We recognize the conservation efforts Flora (Holmgren et al. 2005, p. 259), the The majority of the conservation identified in the conservation plans can U.S. Department of Agriculture’s efforts developed on behalf of Lepidium have benefits for the species and its ‘‘PLANTS Database’’ (USDA 2006), and papilliferum that we examined are habitat, particularly with limiting the the Biota of North America Project (ITIS contained in the 2003 State of Idaho effects of wildfire and livestock use. 2009). After considering all of this CCA, which was updated in 2006. The Despite the best intentions, however, information, we believe that L. CCA includes efforts that are intended papilliferum is properly recognized as a many of the measures identified in the to address the need to maintain and full species, separate from L. conservation plans are limited in their enhance L. papilliferum habitat; reduce montanum. ability to effectively reduce long-term The Act requires the Service to use the intensity, frequency, and size of habitat degradation or loss in the the best scientific data available when natural and human-caused wildfires; sagebrush-steppe ecosystem, including making listing determinations under reduce the potential for invasion of the negative impacts observed on section 4 of the Act. The Act, therefore, nonnative plant species from wildfire; slickspots and L. papilliferum does not require the Service to conduct minimize the loss of the species’ habitat associated with that degradation or loss. its own studies on species it is associated with rehabilitation and For example, there is currently no considering for protection under the restoration techniques; minimize the effective control of Bromus tectorum Act, including genetic studies on the establishment of invasive nonnative available to mitigate its effect on L. taxonomy of those species. species; mitigate the negative effects of papilliferum and its synergistic military training and other associated interactions with frequent wildfires to a Conservation Agreements activities; and minimize the impact of degree sufficient that we would (9) Comment: One commenter stated ground disturbances caused by livestock consider it no longer a threat to the that the 2003 Candidate Conservation penetrating trampling during periods species. Agreement for Slickspot Peppergrass when soils are saturated. The IDARNG (CCA) by the State of Idaho, BLM, and and U.S. Air Force are also Climate Change others ‘‘falsely assured’’ readers that it implementing conservation efforts on (10) Comment: One commenter would protect Lepidium papilliferum lands they manage to potentially avoid indicated that the effects of global and its habitat. We also received or reduce adverse effects of military warming and climate change on the information from the State of Idaho and training on L. papilliferum and its species must be considered in our the BLM describing ongoing habitat. For example, the IDARNG has analyses of potential threats to the conservation actions they are been implementing conservation efforts species and its habitat. implementing under the CCA. at the OTA since 1991 that promote the Our Response: We agree, and have Our Response: We strongly support a conservation of L. papilliferum, while provided a discussion of the potential collaborative conservation effort to still providing for military training impacts of climate change on Lepidium address factors affecting species being activities. These actions include papilliferum in this rule. In brief, there considered for listing under the Act. intensive wildfire suppression efforts, is compelling scientific evidence that Since February 2000, we have worked and restricting ground operated military we are living in a time of rapid, with numerous agencies and training to areas where the plants are worldwide climate change. For individuals to assess the status of not found. The U.S. Air Force INRMP example, 11 of the last 12 years Lepidium papilliferum and to identify was modified in 2004 and contains evaluated (1995-2006) rank among the and implement conservation actions on more measures that promote the 12 warmest years in the instrumental its behalf. We continue to participate as conservation of L. papilliferum than the record of global surface temperature a technical advisor to an interagency 2000 version. The current INRMP (since 1850) (ISAB 2007, p. iii). While group of biologists and stakeholders to includes measures developed to the effects of global climate change are share scientific information and minimize the effects of threats such as uncertain, it has the potential to affect coordinate conservation actions for L. wildfire, nonnative invasive weeds, and rare plants and their habitats, including papilliferum and its habitat. livestock use on L. papilliferum. The L. papilliferum. Although the Service In 2006, as part of a previous status Boise Airport Conservation Agreement cannot identify specific potential effects review for Lepidium papilliferum, we lays out measures to protect and on the species at this time, some models conducted an evaluation of individual conserve the known occurrences of L. indicate that climate change may

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provide an environment conducive to Conversely, it is hypothesized that plants in 2008 portends any long-term further conversion of the sagebrush- livestock use, at an appropriate level increase in the population. One steppe ecosystem by invasive nonnative and season, may reduce the effect of commenter stated that the high L. annual grasslands, which would have invasive nonnative annual grasses at papilliferum numbers documented in negative consequences for L. some L. papilliferum sites by reducing 2008 agree with the Service’s 2007 papilliferum; fire frequency and extent fine fuel loads, thereby decreasing the conclusion that the overall population is predicted to increase as well. risk of wildfire (e.g., Loeser et al. 2007, trend for the species is inconsistent. Although we do not consider climate p. 94, and references therein; Two commenters and one peer reviewer change to pose a significant threat to L. Launchbaugh et al. 2008; Romero- stated that the Service should be papilliferum in and of itself, we do Calcerrada et al. 2008, p. 351). Data transparent in the quality and source of consider climate change to be a limitations currently make it difficult to the data used in making our potentially important contributing factor establish effect thresholds from determination. to the primary threats of frequent livestock management activities on L. Our Response: As previously stated, wildfire and invasive nonnative plants, papilliferum and its habitat. There have we have reviewed and considered particularly B. tectorum, and especially been adaptive management techniques scientific and commercial data in regard to our evaluation of the implemented for livestock use in some contained in numerous technical likelihood of the continuation of these areas occupied by L. papilliferum, and reports, published journal articles, and threats into the foreseeable future. A several recent studies have examined other documents. We must base our complete description of the potential the relationship between livestock listing determination for Lepidium effects from climate change and our trampling effects and L. papilliferum papilliferum on the best available data evaluation of this threat is found in abundance (Popovich 2009; Salo 2009; regarding the plant’s current known Factor E of the Summary of Factors Sullivan and Nations 2009). As population status, the known condition Affecting the Species discussion. described in detail in ‘‘Livestock Use’’ of its habitat, and the current factors under Factor A in the Summary of affecting the species, along with ongoing Livestock Grazing Factors Affecting the Species section, conservation efforts, as described in the (11) Comment: Two commenters above, we consider the risks associated Summary of Factors Affecting the provided information to support the with livestock use, as currently Species section of this final argument that livestock grazing is practiced, to be a lesser threat than other determination. We acknowledge that detrimental to Lepidium papilliferum. factors that have been demonstrated to uncertainties exist; however, section 4 Four commenters provided comment or adversely impact the species rangewide. of the Act mandates that we make a new information to support the We encourage the continued listing determination based on the best countering view, indicating that implementation of conservation scientific and commercial available at livestock grazing is not detrimental or measures and associated monitoring to the time of our determination. could be beneficial to the species. ensure potential impacts of livestock Our response is grouped by the Our Response: Livestock use in areas trampling to the species are avoided or following topics: Survey efforts, that contain Lepidium papilliferum has minimized. population trends, 2008 HIP survey the potential to result in either positive results, and data quality and or negative effects on the species, Data Quality and Interpretation transparency. depending on a variety of factors such (12) Comment: There were several Survey Efforts: As systematic as stocking rates and season of use. The comments regarding the use of available rangewide surveys have not occurred, most visible negative effect on L. monitoring and survey data in we agree that undiscovered sites papilliferum and its slickspot habitat is determining the historical and existing occupied by L. papilliferum likely exist. from mechanical disturbance due to distribution, population size, and trend Inventories for L. papilliferum have not trampling, which can affect the fragile information for Lepidium papilliferum. been completed on the majority of soil layers of slickspots and compromise One commenter and one peer reviewer private lands within its range due to their integrity and function (Seronko stated that there have been no restricted access. However, occupied 2004; Meyer et al. 2005, pp. 21-22). comprehensive systematic surveys for L. slickspot sites and EOs discovered since Livestock trampling and compaction of papilliferum, and therefore, we do not 1998 have not added substantially to slickspots may also bury seeds to such fully understand the distribution or our knowledge of where the species a depth that germination is no longer status of the species. In addition, the exists; these new sites have all been possible (Meyer et al. 2005, pp. 21-22). peer reviewer indicated that the number within the known range of the species. We are aware of three incidents where of element occurrences has increased For example, an inventory survey on livestock trampling events have between 1998 (45 extant EOs) and 2008 BLM lands in the Owyhee Plateau apparently resulted in a dramatic and will continue to increase. One physiographic region in 2007 decrease in L. papilliferum numbers at commenter suggested that the data documented 200 slickspots containing sites where the plants were formerly demonstrate a negative population trend L. papilliferum plants within the known abundant, while reduced plant numbers for L. papilliferum; other commenters range of the plant (ERO 2008, p. 7). See were not observed at similar adjacent suggested the data are inconclusive, and our response to State of Idaho comments sites within the same year (Robertson no trend can be determined. Several for additional information on potential 2003b, p. 8; Meyer et al. 2005, p.22; commenters cited information relating L. papilliferum survey areas based on a Colket 2006, pp. 10-11). Lepidium L. papilliferum annual abundance to recent modeling effort. papilliferum numbers are slowly precipitation. One commenter and one Population Trends: Please see our recovering at the site in the Boise peer reviewer stated that the Service’s response to peer review comments, Foothills (Colket 2009, p. 31), the site at determination that there is evidence of number 1, above. the OTA has shown no apparent a statistically significant population 2008 HIP Survey Results: Rangewide, recovery over time (Meyer et al. 2005, decline ignores the fact that 2008 was more slickspot peppergrass plants were p.22), and the fate of the third site at the highest population year on record. counted in 2008 than in any other of the Glenns Ferry is unknown, as it has not Another peer reviewer expressed a lack 5 years of HIP monitoring (Colket 2009, been revisited since the event. of confidence that the high number of p. 26). This result was largely based on

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substantial increases in the number of papilliferum since January 2007 was to document titled: Analysis of slickspot slickspot peppergrass plants at only 6 of ensure that we were considering the peppergrass (Lepidium papilliferum) the 80 HIP transects (008A, 027A, 027D, best available data while accurately population trends on Orchard Training 066, 067, and 070). Sixty-six percent of representing the source of the Area and Rangewide Implications, cited all slickspot peppergrass plants counted information. Background information on here as Sullivan and Nations (2009). in 2008 (27,544 out of 41,672 plants) the taxonomy, distribution, abundance, The Sullivan and Nations (2009) report, occurred at these 6 HIP transects, which life history, conservation actions, and as well as a report on the statistical and represent only 8 percent of the total needs of L. papilliferum, and threats geospatial analysis of data collected number of HIP transects rangewide affecting the species, were derived from during the 2000-2002 field surveys at (Colket 2009, p. 26). Two of the HIP previous petition findings, previous the Inside Desert of the Owyhee Plateau transects with high plant numbers in Federal Register notices, Idaho’s (Popovich 2009), and a contracted 2008 (066 and 070) are located in the Natural Heritage Program (formerly geospatial analysis of wildfire and Boise Foothills physiographic region. Idaho Conservation Data Center) EO vegetation types within the range of L. The four remaining HIP transects with records, and other pertinent references papilliferum (Stoner 2009), were high plant numbers in 2008 were from 1897 (when the species was first provided to the six peer reviewers and located on the Snake River Plain collected) through April of 2009. made available to the public for consideration and evaluation of all best physiographic region, with three of State of Idaho Comments these transects being located on the available scientific and commercial data OTA (027A, 027D, 067). We cannot (13) Comment: The State of Idaho during the second comment period, and explain why these six transects requested the Service conduct an the results of these independent reports exhibited such high plant numbers in independent review of available and reviews were incorporated into this 2008, but it should be noted that each information, including: a third-party final rule. of these six HIP transects are located in audit of the monitoring and survey In an effort to evaluate the probability areas where the plant community is information collected by the IDARNG that Lepidium papilliferum may be unburned and is dominated by the and other researchers at the OTA; re- found in other areas, the Service native sagebrush Artemisia tridentata examine the prior inferences the Service requested the INHP develop a model for (Colket 2009, p. 26). Sites exhibiting has drawn from available information; predicting L. papilliferum distribution these characteristics are considered high apply statistical analysis to the available based on factors such as elevation, soil information; and evaluate whether there quality habitat for L. papilliferum. types, precipitation, and underlying are more, currently undiscovered geology (Colket 2008, p. 2). This model Data Quality and Transparency: In populations. identified several potential areas in compiling this document, we tried to Our Response: Prior to making our southwest Idaho with a relatively high present the information in an accurate, determination in this final rule, the probability of supporting L. papilliferum clear, complete, and unbiased manner. Service has considered all of these in areas outside the known range of the Given that the data available on this issues and conducted the reviews species. Although preliminary surveys species covered a wide spectrum from suggested by the State; the results of all of these areas did not result in the peer-reviewed literature to personal of these reviews were made available discovery of additional L. papilliferum communications, we developed this during the most recent comment period sites (Colket 2008, pp. 4-6), we believe document with the goal of providing a on the proposed rule to list Lepidium that this model can be used as a tool to high degree of transparency regarding papilliferum. During the fall of 2008, the prioritize areas targeted for future the source of data. We followed the Service contracted with independent surveys and conservation planning Service’s Information Quality Act consultants to evaluate the various efforts for L. papilliferum (Colket 2008, Guidelines in developing this document monitoring and survey methodologies p. 7). Past searches have occurred for (USFWS 2007. These guidelines provide for L. papilliferum and conduct this species in Oregon (Findley 2003) direction for ensuring and maximizing statistical analyses on data collected on and outside of its known range in Idaho the quality of information disseminated the OTA since 1990. The consultants (BLM 2000), but the species has never to the public. The guidelines define also analyzed the rangewide HIP data been found in these areas. The BLM is quality as an encompassing term that collected over the past 5 years to aware of our interest in the possible includes utility, objectivity, and examine any trends in L. papilliferum location of L. papilliferum in Oregon, integrity. Utility refers to the usefulness abundance in relation to environmental and their botanists continue to look for of the information to its intended users, parameters measured as part of the HIP the species during the course of their including the public. Objectivity monitoring. In total, the consultants surveys (Foss 2009), but to date it has includes disseminating information in examined the four ongoing L. not been found. The best currently an accurate, clear, complete, and papilliferum survey programs available information does not indicate unbiased manner and ensuring accurate, conducted on the OTA. Three of the that there has been a significant increase reliable, and unbiased information. If survey programs are conducted solely in the known range of L. papilliferum data and analytic results have been on the OTA, and two of these (rough since our 2007 decision. subjected to formal, independent peer census and special-use plots) have been In the past, questions were raised review, we generally presume that the implemented at the same locations since regarding why expanded surveys on the information is of acceptable objectivity. the early 1990s. The third program is a OTA conducted by URS in 2005 Integrity refers to the security of block search that looks at both new and recorded higher numbers of Lepidium information, i.e., protection of the previously surveyed areas for unknown papilliferum than had been previously information from unauthorized access populations of L. papilliferum. The observed. Sullivan and Nations (2009) or revision to ensure that the fourth survey and monitoring program, were able to clarify that the large information is not compromised partially conducted at the OTA, is the number of L. papilliferum plants through corruption or falsification. One rangewide HII and HIP monitoring that counted by URS likely resulted from a of our goals in obtaining public has been performed by the INHP since more intensive search effort over a comment and peer review of new the late 1990s. The results of this larger area in 2005 compared to what is information available on Lepidium independent analysis were reported in a normally examined during the rough

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census or special-use plot monitoring actions that would affect slickspot soil regulation. This protection may apply to efforts (Sullivan and Nations 2009, p. 2). integrity or function, individual L. this species in the future if regulations Although this survey indicated that papilliferum plants, or the seed bank of are promulgated. Seeds from cultivated there were more L. papilliferum on the the plant. Such actions may include, but specimens of threatened plants are OTA than previously documented, it are not limited to: soil stabilization and exempt from these prohibitions did not increase the known range of the rehabilitation activities; wildfire provided that their containers are species. suppression and rehabilitation marked ‘‘Of Cultivated Origin.’’ Certain exceptions to the prohibitions apply to Available Conservation Measures activities; construction and maintenance of infrastructure such as roads, agents of the Service and State Conservation measures provided to electronic transmission lines, radio conservation agencies. species listed as endangered or towers, and buildings; livestock grazing The Act and 50 CFR 17.72 also threatened under the Act include permits and other Federal permitting provide for the issuance of permits to recognition of the status, increased actions; livestock range improvements carry out otherwise prohibited activities priority for research and conservation by the BLM; or actions undertaken by involving threatened plants under funding, recovery actions, requirements branches of the Department of Defense, certain circumstances. Such permits are for Federal protection, and prohibitions U.S. Army Corps of Engineers, Federal available for scientific purposes and to against certain practices. Recognition Emergency Management Agency, and enhance the propagation or survival of through listing results in public the Federal Highways Administration. the species. For threatened plants, awareness and conservation by Federal, Section 7 consultation may also be permits also are available for botanical State, and local agencies, private required by the provision of Federal or horticultural exhibition, educational organizations, and individuals. The funds to State and private entities purposes, or special purposes consistent listing of Lepidium papilliferum will through Federal programs such as the with the purposes of the Act. We lead to the development of a recovery Service’s Partners for Fish and Wildlife anticipate that few trade permits will plan for the species. Under section 6 of Program and Federal Aid in Wildlife ever be sought or issued for Lepidium the Act, we would be able to grant funds Restoration Program, and a variety of papilliferum because the species is not to the State of Idaho for management grants administered by the U.S. in cultivation or common in the wild. actions promoting the conservation of L. Department of Agriculture, Natural Requests for copies of the regulations papilliferum. A full discussion of the Resources Conservation Service, the regarding listed species and inquiries ongoing conservation actions by Federal Housing Administration, and about prohibitions and permits may be Federal, State, and local entities the Farm Services Agency. Other addressed to U.S. Fish and Wildlife involved with Lepidium papilliferum activities that may require consultation Service, Endangered Species Permits, conservation is described elsewhere in include military training activities by 911 NE. 11th Avenue, Portland, OR this document (see Evaluation of the Air Force or the Idaho Army 97232-4181. Conservation Efforts, above). We adopted a policy on July 1, 1994 National Guard. Federal actions not The Act requires Federal agencies to (59 FR 34272), to identify to the affecting the species, as well as actions implement recovery actions, as well as maximum extent practicable at the time on non-Federal lands that are not encourages non-Federal entities to a species is listed those activities that federally funded, authorized, or support and carry out recovery goals for would or would not constitute a permitted, do not require section 7 listed species. The protection measures violation of section 9 of the Act. The consultation, although the latter are still required of Federal agencies and the intent of this policy is to increase public potentially subject to section 9’s prohibitions against certain activities awareness of the effect of the listing on involving listed plants are discussed, in prohibitions. future and ongoing activities within a part, below. The Act and its implementing species’ range. We believe that based Section 7(a) of the Act, as amended, regulations set forth a series of general upon the best available information, the requires Federal agencies to evaluate prohibitions and exceptions that apply actions listed below would not result in their actions with respect to any species to all threatened plants. All prohibitions a violation of section 9 of the Act that is proposed or listed as endangered of section 9(a)(2) of the Act, provided these activities are carried out or threatened and with respect to its implemented by 50 CFR 17.71, apply to in accordance with existing regulation critical habitat, if any is designated or both endangered and threatened and permit requirements: proposed for designation. Regulations species. These prohibitions, in part, (1) Activities authorized, funded, or implementing this interagency make it illegal for any person subject to carried out by Federal agencies (e.g., cooperation provision of the Act are the jurisdiction of the United States to grazing management, agricultural codified at 50 CFR Part 402. Section import or export, transport in interstate conversions, range management, rodent 7(a)(2) requires Federal agencies, or foreign commerce in the course of a control, mineral development, road including the Service, to ensure that commercial activity, sell or offer for sale construction, human recreation, activities they authorize, fund, or carry in interstate or foreign commerce, or pesticide application, controlled burns) out are not likely to jeopardize the remove and reduce the species to and construction/maintenance of continued existence of a listed species possession from areas under Federal facilities (e.g., fences, power lines, or to destroy or adversely modify its jurisdiction. In addition, for plants pipelines, utility lines) when such critical habitat if any has been listed as endangered, the Act prohibits activity is conducted according to any designated. If a Federal action may the malicious damage or destruction on reasonable and prudent measures affect a listed species or its critical areas under Federal jurisdiction and the prescribed by the Service in a habitat, the responsible Federal agency removal, cutting, digging up, or consultation conducted under section 7 must consult with us under the damaging or destroying of such plants of the Act; and provisions of section 7(a)(2) of the Act. in knowing violation of any State law or (2) Casual, dispersed human activities For Lepidium papilliferum, Federal regulation, including State criminal on foot (e.g., bird watching, sightseeing, agency actions that may require trespass law. Section 4(d) of the Act photography, and hiking). consultation as described in the allows for the provision of such The actions listed below may preceding paragraph may include protection to threatened species through potentially result in a violation of

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section 9 of the Act; however, possible refuge, wilderness, reserve, preserve, or When we are determining which areas violations are not limited to these other conservation area. Such should be designated as critical habitat, actions alone: designation does not allow the our primary source of information is (1) Unauthorized collecting of the government or public to access private generally the information developed species on Federal Lands; lands. Such designation does not during the listing process for the (2) Interstate or foreign commerce and require implementation of restoration, species. Additional information sources import/export without previously recovery, or enhancement measures by may include the recovery plan for the obtaining an appropriate permit. private landowners. Where a landowner species, articles in peer-reviewed Permits to conduct activities are requests Federal agency funding or journals, conservation plans developed available for purposes of scientific authorization for an action that may by States and counties, scientific status research and enhancement of affect a listed species or critical habitat, surveys and studies, biological propagation or survival of the species. the consultation requirements of section assessments, or other unpublished Questions regarding whether specific 7(a)(2) of the Act would apply, but even materials and expert opinion or activities, such as changes in land use, in the event of a destruction or adverse personal knowledge. will constitute a violation of section 9 modification finding, the landowner’s Prudency Determination should be directed to the Idaho Field obligation is not to restore or recover the Office (see ADDRESSES section). species, but to implement reasonable Section 4(a)(3) of the Act, as Critical Habitat and prudent alternatives to avoid amended, and implementing regulations (50 CFR 424.12), require that, to the Critical habitat is defined in section 3 destruction or adverse modification of critical habitat. maximum extent prudent and of the Act as: ‘‘(i) The specific areas determinable, the Secretary designate For inclusion in a critical habitat within the geographical area occupied critical habitat at the time a species is designation, the habitat within the by the species, at the time it is listed in determined to be endangered or geographical area occupied by the accordance with the provisions of threatened. Our regulations (50 CFR species at the time of listing must section 4 of this Act, on which are 424.12(a)(1)) state that the designation contain the physical and biological found those physical or biological of critical habitat is not prudent when features essential to the conservation of features (I) essential to the conservation one or both of the following situations the species, and be included only if of the species and (II) which may exist: ‘‘(i) [t]he species is threatened by require special management those features may require special taking or other human activity, and considerations or protection; and (ii) management considerations or identification of critical habitat can be specific areas outside the geographical protection. Critical habitat designations expected to increase the degree of such area occupied by the species at the time identify, to the extent known using the threat to the species, or ii) [s]uch it is listed in accordance with the best scientific data available, habitat designation of critical habitat would not provisions of section 4 of the Act, upon areas that provide essential life cycle be beneficial to the species.’’ a determination by the Secretary of the needs of the species (i.e., areas on which There is no documentation that Interior that such areas are essential for are found the primary constituent Lepidium papilliferum is threatened by the conservation of the species’’ (16 elements (PCEs) laid out in the taking or other human activity. In the U.S.C. 1532(5)(A)). appropriate quantity and spatial absence of finding that the designation Conservation, as defined under arrangement for the conservation of the of critical habitat would increase threats section 3(3) of the Act, means ‘‘the use species). Under the Act, we can to a species, if there are any benefits to of all methods and procedures which designate critical habitat in areas a critical habitat designation, then a are necessary to bring any endangered outside the geographical area occupied prudent finding is warranted. The or threatened species to the point at by the species at the time it is listed potential benefits include: (1) Triggering which the measures provided under this only when we determine that those consultation under section 7 of the Act Act are no longer necessary. Such areas are essential for the conservation for actions in which there may be a methods and procedures include, but of the species. Federal nexus where it would not are not limited to, all activities Section 4 of the Act requires that we otherwise occur because, for example, associated with scientific resources designate critical habitat on the basis of the area is or has become unoccupied or management such as research, census, the best scientific and commercial data the occupancy is in question; (2) law enforcement, habitat acquisition available. Further, our Policy on focusing conservation activities on the and maintenance, propagation, live Information Standards Under the most essential features and areas; (3) trapping, and transplantation, and, in Endangered Species Act (59 FR 34271; providing educational benefits to State the extraordinary case where population July 1, 1994), the Information Quality or county governments or private pressures within a given ecosystem Act (section 515 of the Treasury and entities; and (4) preventing people from cannot be otherwise relieved, may General Government Appropriations causing inadvertent harm to the species. include regulated taking’’ (16 U.S.C. Act for Fiscal Year 2001 (Pub. L. 106- The primary regulatory effect of a 1532(3)). 554; H.R. 5658)), and our associated critical habitat designation is the section The primary regulatory effect of Information Quality Guidelines issued 7(a)(2) requirement that Federal critical habitat is the requirement, under by the Service, provide criteria, agencies refrain from taking any action section 7(a)(2) of the Act, that Federal establish procedures, and provide that destroys or adversely affects critical agencies shall ensure that any action guidance to ensure that our decisions habitat. At present, the known extant they authorize, fund, or carry out is not are based on the best scientific data individuals of Lepidium papilliferum likely to result in the destruction or available. They require our biologists, to occur on Federal, State, and private adverse modification of designated the extent consistent with the Act and land, and all previously known critical habitat. Section 7(a)(2) of the Act with the use of the best scientific data occurrences have been on Federal, State, requires consultation on Federal actions available, to use primary and original and private lands. State and private that may affect critical habitat. The sources of information as the basis for lands that may be designated as critical designation of critical habitat does not recommendations to designate critical habitat in the future for this species may affect land ownership or establish a habitat. be subject to Federal actions that trigger

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the section 7 consultation requirement, (5) Habitats that are protected from National Environmental Policy Act such as the granting of Federal monies disturbance or are representative of the We have determined that we do not for conservation projects or the need for historic geographical and ecological have to prepare environmental Federal permits for projects. Therefore, distributions of a species. assessments and environmental impact since we have determined that the Although we have determined that statements, as defined under the designation of critical habitat will not the designation of critical habitat is authority of the National Environmental likely increase the degree of threat to the prudent for Lepidium papilliferum, new Policy Act of 1969 (42 U.S.C. 4321 et species and may provide some measure and revised information received since seq.), in connection with regulations we of benefit, we find that designation of the 2007 withdrawal notice (72 FR issued under section 4(a) of the Act. We critical habitat is prudent for L. 1622) has to be evaluated to determine published a notice outlining our reasons papilliferum. the physical and biological features that for this determination in the Federal Critical Habitat Determinability may be essential for the conservation of Register on October 25, 1983 (48 FR As stated above, section 4(a)(3) of the the species in those areas that were 49244). occupied at the time of listing, or areas Act requires the designation of critical References Cited habitat concurrently with the species’ that may be essential to the conservation listing ‘‘to the maximum extent prudent of the species outside of the area A complete list of all references cited and determinable’’ (16 U.S.C. occupied at the time of listing. For herein is available on the Internet at 1533(a)(3)). Our regulations at 50 CFR example, we have received new http://www.regulations.gov. In addition, 424.12(a)(2) state that critical habitat is information regarding the effects of seed a complete list of all references cited not determinable when one or both of predation indicating that this emerging herein, as well as others, is available the following situations exist: threat may have a serious impact on the upon request from the Idaho Fish and (i) Information sufficient to perform long-term viability of L. papilliferum. Wildlife Office (see FOR FURTHER required analyses of the impacts of the However, our current understanding of INFORMATION CONTACT). the overall significance of this threat is designation is lacking, or Authors (ii) The biological needs of the species limited by its recent discovery and are not sufficiently well known to having only short-term evaluation The primary authors of this document permit identification of an area as results available. We also have new are staff members of the Idaho Fish and critical habitat. information indicating that competition Wildlife Office, U.S. Fish and Wildlife When critical habitat is not with nonnative plants in slickspots has Service (see ADDRESSES). a significant impact on the ability of L. determinable, the Act provides for an List of Subjects in 50 CFR Part 17 additional year to publish a critical papilliferum to persist in these habitat designation (16 U.S.C. specialized microsites. A thoughtful Endangered and threatened species, 1533(b)(6)(C)(ii)). assessment of the designation of critical Exports, Imports, Reporting, and In accordance with section 3(5)(A)(i) habitat will require additional time to recordkeeping requirements, of the Act and regulations at 50 CFR evaluate the physical and biological Transportation. 424.12, in determining which areas features essential to the conservation of occupied by the species at the time of the species in light of our new Regulation Promulgation listing to designate as critical habitat, understanding of these emerging threats. ■ Accordingly, we amend part 17, we consider those physical and Therefore, we find that critical habitat subchapter B of chapter I, title 50 of the biological features essential to the for L. papilliferum is not determinable Code of Federal Regulations, as follows: conservation of the species that may at this time. require special management Required Determinations PART 17—[AMENDED] considerations or protection. We consider the physical or biological Paperwork Reduction Act of 1995 (44 ■ 1. The authority citation for part 17 features to be the PCEs laid out in the U.S.C. 3501 et seq.) continues to read as follows: appropriate quantity and spatial This rule does not contain any new Authority: 16 U.S.C. 1361-1407; 16 U.S.C. arrangement for the conservation of the 1531-1544; 16 U.S.C. 4201-4245; Pub. L. No. species. The PCEs listed at 50 CFR collections of information that require 99-625, 100 Stat. 3500; unless otherwise 424.12(b) include, but are not limited to: approval by Office of Management and noted. (1) Space for individual and Budget (OMB) under the Paperwork ■ 2. Amend § 17.12(h) by adding the population growth and for normal Reduction Act. This rule will not following entry to the List of behavior; impose recordkeeping or reporting Endangered and Threatened Plants in (2) Food, water, air, light, minerals, or requirements on State or local alphabetical order under ‘‘Flowering other nutritional or physiological governments, individuals, businesses, or Plants’’: requirements; organizations. An agency may not (3) Cover or shelter; conduct or sponsor, and a person is not § 17.12 Endangered and threatened (4) Sites for breeding, reproduction, required to respond to, a collection of plants. rearing of offspring, germination, or information unless it displays a * * * * * seed dispersal; and generally currently valid OMB control number. (h) * * *

Species Historic range Family Status When listed Critical habitat Special rules Scientific name Common name

FLOWERING PLANTS

*******

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Species Historic range Family Status When listed Critical habitat Special rules Scientific name Common name

Lepidium Slickspot U.S.A. (ID) Brassicaceae T 765 NA NA papilliferum peppergrass

* * * * * Dated: September 24, 2009 Daniel M. Ashe Deputy Director, Fish and Wildlife Service [FR Doc. E9–24039 Filed 10–7–09; 8:45 am] BILLING CODE 4310–55–S

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