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Department of the Interior Fish and Wildlife Service 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 VerDate Nov<24>2008 19:09 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08OCR4.SGM 08OCR4 srobinson on DSKHWCL6B1PROD with RULES4 52014 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Rules and Regulations 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 VerDate Nov<24>2008 19:09 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\08OCR4.SGM 08OCR4 srobinson on DSKHWCL6B1PROD with RULES4 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Rules and Regulations 52015 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.
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