Vol. 78 Tuesday, No. 78 April 23, 2013 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Status for Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs Bladderpod); Final Rule VerDate Mar<15>2010 14:47 Apr 22, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\23APR2.SGM 23APR2 erowe on DSK2VPTVN1PROD with RULES_2 23984 Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR endangered or threatened species can Pacific Northwest, and the Cascade only be completed by issuing a rule. Range generates a rain shadow that Fish and Wildlife Service Purpose of Rule: This rule will list limits rain and snowfall in the eastern Umtanum desert buckwheat and White half of Washington State. The Cascade 50 CFR Part 17 Bluffs bladderpod as threatened under Range also serves as a source of cold air, the Act because both species are likely which has a considerable effect on the [Docket No. FWS–R1–ES–2012–0017; to become endangered within the wind regime on the Hanford reach. 4500030113] foreseeable future due to continued Daily maximum temperatures vary from ° RIN 1018–AX72 threats. an average of 1.7 Celsius (C) (35 The basis for our action. Under the °Fahrenheit (F)) in late December and Endangered and Threatened Wildlife Endangered Species Act, we can early January, to 36 °C (96 °F) in late and Plants; Threatened Status for determine that a species is an July. The Hanford Reach is generally Eriogonum codium (Umtanum Desert endangered or threatened species based quite arid, with an average annual Buckwheat) and Physaria douglasii on any of five factors: (A) Destruction, precipitation of 16 centimeters (cm) (6.3 subsp. tuplashensis (White Bluffs modification, or curtailment of its inches (in)). The relative humidity at the Bladderpod) habitat or range; (B) Overuse; (C) Hanford Reach is highest during the Disease or predation; (D) Inadequate winter months, averaging about 76 AGENCY: Fish and Wildlife Service, existing regulations; or (E) Other natural percent, and lowest during the summer, Interior. or manmade factors. We have averaging about 36 percent. Average ACTION: Final rule. determined that Umtanum desert snowfall ranges from 0.25 cm (0.1 in) in buckwheat is threated by wildfire, October to a maximum of 13.2 cm (5.2 SUMMARY: We, the U.S. Fish and nonnative plants, seed predation, small in) in December, decreasing to 1.3 cm Wildlife Service, determine to list population size, limited geographic (0.5 in) in March. Snowfall accounts for Umtanum desert buckwheat range, and low recruitment. White about 38 percent of all precipitation (Eriogonum codium) and White Bluffs Bluffs bladderpod is threatened by from December through February bladderpod (Physaria douglasii subsp. wildfire, irrigation-induced landslides (USFWS 2008, pp. 3.8–3.10). tuplashensis) as threatened, under the and slope failure, harm by recreational The Hanford Reach National Endangered Species Act of 1973, as activities and off-road vehicle use, Monument (Monument), which amended (Act). This final rule nonnative plants, small population size, includes approximately 78,780 hectares implements the Federal protections and limited geographic range. (ha) (195,000 acres (ac)), contains much provided by the Act for these species. Peer review and public comment. We of the Hanford Reach of the Columbia DATES: This rule becomes effective on sought comments from independent River. All of the land is owned by the May 23, 2013. specialists to ensure that our Department of Energy (DOE) and was ADDRESSES: This final rule, comments designation is based on scientifically formerly part of the 145,440-ha and materials received, as well as sound data, assumptions, and analyses. (360,000-ac) Hanford Site. The Hanford supporting documentation used in We invited these peer reviewers to Site was established by the U.S. preparing this rule, are available on the comment on our listing proposal. We Government in 1943 as a national Internet at http://www.regulations.gov also considered all comments and security area for the production of and at http://www.fws.gov/wafwo/ information received during the public weapons grade plutonium and HanfordPlants. These documents are comment period. purification facilities. For more than 40 years, the primary mission at Hanford also available for public inspection, by Background appointment, during normal business was associated with the production of It is our intent to discuss only those hours, at U.S. Fish and Wildlife Service, nuclear materials for national defense. topics directly relevant to the listing Washington Fish and Wildlife Office, However, large tracts of land were used determinations for Umtanum desert 510 Desmond Drive SE., Suite 102, as protective buffer zones for safety and buckwheat and White Bluffs bladderpod Lacey, WA 98503–1263; (360) 753–9440 security purposes, and remained in this final rule. A summary of topics (telephone); (360) 753–9008 (facsimile). relatively undisturbed. relevant to this final rule is provided The Monument was established by FOR FURTHER INFORMATION CONTACT: Ken below. Additional information on both Presidential Proclamation in June 2000, Berg, Manager, U.S. Fish and Wildlife species may be found in the Candidate to connect these tracts of land, Service, Washington Fish and Wildlife Notice of Review, which was published protecting the river reach and the largest Office, 510 Desmond Drive, Suite 102, October 26, 2011 (76 FR 66370). remnant of the shrub steppe ecosystem Lacey, Washington, 98503–1263, by in the Columbia River Basin. The telephone (360) 753–9440, or by Geography, Climate, and Landscape Hanford Reach National Monument facsimile (360) 753–9405. Persons who Setting Proclamation identifies several use a telecommunications device for the Umtanum desert buckwheat and nationally significant resources, deaf (TDD) may call the Federal White Bluffs bladderpod are found only including a diversity of rare native plant Information Relay Service (FIRS) at on the Hanford Reach of the Columbia and animal species, such as Umtanum 800–877–8339. River, the last free-flowing stretch of the desert buckwheat and White Bluffs SUPPLEMENTARY INFORMATION: Columbia River within U.S. borders. bladderpod (USFWS 2008, p. 1–4). The The Hanford Reach lies within the semi- Proclamation also sets forth specific Executive Summary arid shrub steppe Pasco Basin of the management actions and mechanisms Why we need to publish a rule. Under Columbia Plateau in south-central that are to be followed: (1) Federal lands the Endangered Species Act (Act), a Washington State. The region’s climate are withdrawn from disposition under species warrants protection through is influenced by the Pacific Ocean, the public land laws, including all interests listing if it is currently, or is likely to Cascade Mountain Range to the west, in these lands, such as future mining become, in danger of extinction and other mountain ranges located to claims; (2) off-road vehicle use is throughout all or a significant portion of the north and east. The Pacific Ocean prohibited; (3) the ability to apply for its range. Listing a species as an moderates temperatures throughout the water rights is established; (4) grazing is VerDate Mar<15>2010 14:47 Apr 22, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\23APR2.SGM 23APR2 erowe on DSK2VPTVN1PROD with RULES_2 Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Rules and Regulations 23985 prohibited; (5) the Service and DOE Previous Federal Actions desert buckwheat and White Bluffs (subject to certain provisions) are bladderpod. established as managers of the Candidate History: Umtanum desert We proposed listing Umtanum desert Monument; (6) a land management buckwheat (Eriogonum codium) and buckwheat and White Bluffs bladderpod transfer mechanism from the DOE to the White Bluffs bladderpod (formerly as threatened under the Act (16 U.S.C. Service is established; (7) cleanup and Lesquerella tuplashensis, now Physaria 1531 et seq.) with critical habitat (77 FR restoration activities are assured; and (8) douglasii subsp. tuplashensis (see 28704) on May 15, 2012, and announced existing rights, including tribal rights, ‘‘Taxonomy’’ section below)), were the availability of a draft economic are protected. identified as candidates for possible analysis. Proposed critical habitat addition to the Lists of Endangered and included shrub steppe habitats within All lands included in the Hanford Threatened Wildlife and Plants in our Reach National Monument are Federal Benton County, Washington, for Annual Candidate Notice of Review, Umtanum desert buckwheat, and within lands under the primary jurisdiction of published in the Federal Register on the DOE. Approximately 66,660 ha Franklin County, Washington, for White October 25, 1999 (64 FR 57542). We Bluffs bladderpod. The final critical (165,000 ac) of these acres are currently refer to both species by their common habitat rule can be found elsewhere in managed as an overlay refuge by the names throughout this rule. Both today’s Federal Register. Service through agreements with the species were given a Listing Priority DOE. Overlay refuges exist where the Number (LPN) of 5 at that time; the LPN Species Information Service manages lands for the benefit of is assigned to a species based on the Umtanum Desert Buckwheat fish and wildlife resources, but is not immediacy and magnitude of threats Umtanum desert buckwheat is a long- the primary holder in fee title of lands and the species’ taxonomic status. In lived, woody perennial plant that forms forming the refuge (USFWS 2008, p. 1– 1999, threats to both species were low mats. Individual plants may exceed 7). Because the Monument is considered to be of high magnitude, but 100 years of age, based on counts of administered as a component of the not imminent. However, in 2002, the annual growth rings on cross sections of National Wildlife Refuge System, the LPN for Umtanum desert buckwheat the main stems of recently dead plants.