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 ; Threatened Status for codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs Bladderpod); Final Rule

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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 (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 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

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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, ‘‘’’ 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. legal mandates and policies that apply was revised to LPN 2, which is assigned Growth rates are also extremely slow, to any national wildlife refuge apply to when threats to a species are of high with stem diameters increasing an the Monument. The Proclamation magnitude and imminence (67 FR average of only 0.17 millimeters (mm) directs the DOE and the Service to 40663; June 13, 2002), based on new (0.007 in) per year (The Nature protect and conserve the area’s native information revealing low reproduction Conservancy (TNC) 1998, p. 9; plant communities, specifically for the species. The LPN for White Dunwiddie et al. 2001, p. 62). A detailed recognizing the area’s biologically Bluffs bladderpod was revised to LPN 9 description of the identifying diverse shrub steppe ecosystem in 2009 (74 FR 57810; November 9, characteristics of Umtanum desert (USFWS 2008, pp. 1.21, 3.5). The DOE 2009), to reflect new information buckwheat is found in Reveal et al. manages approximately 11,716 ha indicating threats were now moderate to (1995, pp. 350–351). Umtanum desert (29,000 ac) of land within the low in magnitude and imminence. In buckwheat is State-listed as Monument and retains land surface 2009, the Service completed a Spotlight Endangered, with a G1 (i.e., critically ownership or control on all Monument Species Action Plan for White Bluffs imperiled world-wide, and particularly acreage. Thus, the Service and DOE bladderpod to set conservation targets vulnerable to extinction) global ranking have joint management responsibility and identify actions to achieve those and an S1 (i.e., critically imperiled for the Monument. targets for the next 5 years. This plan State-wide, and particularly vulnerable can be found on the Service’s Web site The parcel of land where Umtanum to extinction) State ranking (WDNR at: http://www.fws.gov/ecos/ajax/docs/ desert buckwheat occurs is on part of 2011a, p. 5). what was historically called the McGee action_plans/doc3090.pdf. The 2011 Ranch, a historical homestead of more Notice of Review, published October 26, Taxonomy than 364 ha (900 ac) within the greater 2011 (76 FR 66370), included Umtanum In 1995, Florence Caplow and Hanford installation. Management of desert buckwheat and White Bluffs Kathryn Beck resumed large-scale rare this parcel has been retained by DOE bladderpod; both species have been plant surveys on the Hanford Site that due to unresolved issues related to maintained as candidates since 1999. were initiated in 1994 by TNC and the contaminants. This situation is expected Petition History: On May 4, 2004, the DOE, as part of the Hanford to be resolved over time, and Service received a petition requesting Project. Two previously undescribed management conveyed to the Service, that Umtanum desert buckwheat, White plant taxa were discovered, including since this area is not essential to the Bluffs bladderpod, and several other Umtanum desert buckwheat (Caplow operation of the Hanford facility. species be listed as endangered under and Beck 1996, p. 5). The species was Umtanum desert buckwheat and White the Act (Center for Biological Diversity fully described in Reveal et al. (1995), Bluffs bladderpod both occur in narrow, et al. [CBD] 2004, pp. 49, 100). On July and the current nomenclature has been linear bands on bluffs above and on 12, 2011, the Service filed a multiyear unchallenged since that time. Umtanum opposite sides of the Columbia River. work plan as part of a settlement desert buckwheat is recognized as a The populations are approximately 15 agreement with the Center for Biological distinct species, and there is no known kilometers (km) (9 miles (mi)) apart, and Diversity (CBD) and others in a controversy concerning its taxonomy. although relatively near to each other, consolidated case in the U.S. District their habitat has a widely disparate Court for the District of Columbia. The Habitat/Life History geologic history and subsequent soil settlement agreement was approved by Umtanum desert buckwheat was development. These conditions create the court on September 9, 2011, and discovered in 1995 during a botanical unique habitats and substrates that will enable the Service to systematically survey of the Hanford installation support these and other rare endemic review and address the conservation (Reveal et al. 1995, p. 353), and is found plants (see Species Information needs of more than 250 species, over a exclusively on soils over exposed basalt sections) within the Hanford Reach. period of 6 years, including Umtanum from the Lolo Flow of the Wanapum

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Basalt Formation. As the basalt of the Eriogonum sphaerocephalum (rock precise counts (Arnett 2011a, pers. Lolo Flow weathers, a rocky soil type is buckwheat), (purple sage), comm.). formed that is classified as lithosol, a Hesperostipa comata (needle and term describing the well-drained, thread), Pseudoroegneria spicata TABLE 1—UMTANUM DESERT BUCK- shallow, generally stony soils over (bluebunch wheatgrass), Poa secunda WHEAT POPULATION COUNTS 1995– bedrock (Franklin and Dyrness 1973, p. (Sandberg’s bluegrass), Sphaeralcea 2011 347), and talus slopes associated with munroana (Munro’s Globemallow), eroding outcrops and cliffs. These cliffs Astragalus caricinus (buckwheat Census year Total plants (scarps), and loose rock at the base of milkvetch), and Balsamorhiza careyana counted cliffs or on slopes (defined as scree) are (Carey’s balsamroot). Common annual found along the crests and slopes of associates include 1995 ...... 4,917 local hills and ridges, including east (cheatgrass), Sisymbrium altissimum 1997 ...... 5,228 2005 ...... 4,408 Umtanum Ridge, where Umtanum (tumblemustard), linearis 2011 ...... 5,169 desert buckwheat occurs. This type of (threadleaf phacelia), Aliciella landform in the Columbia Basin is leptomeria (sand gilia). Aliciella sinuata After a wildfire in 1997 burned determined by the underlying basalts, (shy gilia), Camissonia minor (small through a portion of the population, a which may be exposed above the soil on evening primrose), and Cryptantha subsequent count found 5,228 living ridge tops or where wind and water pterocarya (wingnut cryptantha). and 813 dead individual plants. A erode the fine soils away (Sackschewski Historical Range/Distribution minimum of 75 percent of the 813 dead and Downs 2001, p. 2.1.1). individual plants died as a direct result The Lolo Flow contains higher levels The only known population of of the fire (Dunwiddie et al. 2001, p. 61). of titanium dioxide and lower levels of Umtanum desert buckwheat occurs No survival or resprouting was noted in iron oxide than the neighboring Rosalia along the top edges of the steep slopes fire-killed plants in following years. Flow, also of the Priest Rapids Member. on Umtanum Ridge, a wide mountain Because a more accurate count was used The flow top material commonly has a ridge in Benton County, Washington, high porosity and permeability and has where it has a discontinuous to derive the number of dead individual weathered to pebble and gravel-sized distribution along a narrow (25–150 m plants (Beck 1999, p. 3), this total pieces of vesicular basalt (Reveal et al. (82–492 ft) wide by 1.6 km (1 mi) long) represents a fairly precise measure of 1995, p. 354). This basalt typically portion of the ridge (Dunwiddie et al. the impact of the 1997 wildfire on contains small (< 5 mm (0.2 in)) crystals 2001, p. 59). The species was discovered Umtanum desert buckwheat (Arnett of the mineral olivine and rare clusters in 1995 (Reveal et al. 1995, p. 354), and 2011a, pers. comm.), although it is of plagioclase crystals (Reidel and Fecht there are no verified records of any likely some plants were totally 1981, pp. 3–13). It is unknown if the collections prior to that year. consumed by the fire and thereby close association of Umtanum desert unidentifiable. Current Range/Distribution buckwheat with the lithosols of the Lolo In 2005, researchers reported 4,408 Flow is related to the chemical It is unknown if the historic living plants (Caplow 2005, p. 1), which composition or physical characteristics distribution of Umtanum desert represents a 15 percent decline in the of the bedrock on which it is found, or buckwheat was different than the population over an 8-year period. a combination of factors not currently species’ current distribution, but it is However, this result likely reflects some understood (Reveal et al. 1995, p. 354). likely the species has been confined to variability in how the census was Preliminary counts indicate that seed this location during at least the last 150 performed over the years since the set occurs in approximately 10 percent years, as annual growth ring counts species was discovered in 1995. On July of flowers observed, potentially limiting from fire-killed plants revealed 12, 2011, a complete population census reproductive capacity. Based on a individual ages in excess of 100 years. was conducted, which recorded 5,169 pollinator exclusion study (Beck 1999, Individual plants with greater stem living individuals. This count was pp. 25–27), the species is probably diameters (and, therefore, presumably somewhat higher than average, which capable of at least limited amounts of older) are present, which supports the could be attributable to a more thorough self-pollination, although the percentage 150-year minimum locality occupation census, the identification of plant of seed set in the absence of pollinators estimate. clusters not previously documented, appears to be low. A variety of insect and the recording of larger clumps as Population Estimates/Status pollinators were observed on Umtanum containing more than one individual desert buckwheat flowers, including The only known population of plant. These clumps were likely ants, beetles, flies, spiders, moths and Umtanum desert buckwheat was fully counted as individual plants in previous butterflies (TNC 1998, p. 8). Wasps from censused (an accounting of the number counts (Arnett 2011a, pers. comm.). the families Vespidae and Typhiidae of all individuals in a population) in Demographic monitoring of the largest and a wasp from the species Criosciolia 1995, 1997, 2005, and 2011 (see Table subpopulation within the main have been observed in the vicinity of 1). In 1995, researchers counted 4,917 population commenced in 1997, and Umtanum desert buckwheat, but not on living individual plants, and in 1997, demonstrated an average 2 percent the plant itself. A bumble bee, Bombus researchers counted 5,228 individuals annual mortality of adult flowering centralis, has been observed by (Dunwiddie et al. 2001, p. 61). The 1995 plants. During the 9 years of monitoring, Washington Department of Natural census was ‘‘roughly counted’’ (Beck only 4 or 5 seedlings have been Resources (WDNR) specialists utilizing 1999, p. 3) (i.e., there was a greater observed to survive beyond the year of flowers of Umtanum desert buckwheat degree of estimation), while the 1997 their germination (Kaye 2007, p. 5). plants (Arnett 2011b, pers. comm.). count was more precise. In addition, the Since 2007, the demographic Common perennial plant associates of 1995 count may have overlooked an monitoring plots continue to reflect Umtanum desert buckwheat include isolated patch with 79 plants to the east population declines and minimal Artemisia tridentata (big sagebrush), that was discovered in 2011. It is not recruitment (Arnett 2011b, pers. (spiny hopsage), uncommon for estimated population comm.). Dunwiddie et al. (2001, p. 67) Krascheninnikovia lanata (winterfat), counts to be substantially lower than documented a lack of plants in the

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smallest size classes and the absence of populations or individuals have been subspecies (or varieties) of Lesquerella, any seed survival over 1 year. Their data found to date. although many species of Lesquerella did not indicate any spikes or gaps in are differentiated by only one or two Species Information the size distribution of plants that might stable characters. The research of reflect years of unusually high or low White Bluffs Bladderpod Rollins et al. (1996, pp. 205–206) recruitment of plants, although evidence White Bluffs bladderpod is a low- recognized that, although L. of such could have been obscured by the growing, herbaceous, perennial plant tuplashensis and L. douglasii were quite variable growth rates of the plants. with a sturdy tap root and a dense similar, they differed sufficiently in morphology and phenological traits to Populations of long-lived species with rosette of broad gray-green pubescent warrant recognition as two distinct low adult mortality can survive with leaves (WDNR 2010). The subspecies species. Simmons (2000, p. 75) relatively low recruitment rates (Harper produces showy yellow flowers on suggested in a Ph.D. thesis that L. 1977 in Dunwiddie et al. 2001, p. 67). relatively short stems in May, June, and tuplashensis may be an ecotype of the Further, the survival of a few seedlings July. The subspecies inhabits dry, steep more common L. douglasii. Caplow et each year may be sufficient to replace upper zone and top exposures of the al. (2006, pp. 8–10) later argued that L. the occasional adult that dies, or White Bluffs area of the Hanford Reach tuplashensis was sufficiently different alternatively, an occasional bumper at the lower edge of the Wahluke Slope. from douglasii to warrant a species rank crop of seedlings surviving to maturity Along these bluffs, a layer of highly during several favorable years may because it: (1) Was morphologically alkaline, fossilized cemented calcium distinct, differed in stipe (a supporting ensure the long-term survival of the carbonate (caliche) soil has been population (Dunwiddie et al. 2001, p. stalk or stem-like structure) length and exposed (Rollins et al. 1996, pp. 203– length-to-width ratio of stem leaves, and 67). However, no demographic data 205). A detailed description of the supported either of these scenarios for had statistically significant differences identifying physical characteristics of in all other measured characters; (2) was this species (Dunwiddie et al. 2001, p. White Bluffs bladderpod is in Rollins et 67). reproductively isolated from L. al. (1996, pp. 203–205) and Al-Shehbaz douglasii by nonoverlapping habitat and An unpublished draft population and O’Kane (2002, pp. 319–320). White differences in phenology for virtually all viability analysis (PVA) was completed Bluffs bladderpod is State-listed as L. tuplashensis plants; and (3) had clear in 2007 by Thomas Kaye (2007, p. 5), Threatened, with a G2 (i.e., imperiled differences in the ecological niche based on 9 years of demographic data. world-wide, vulnerable to extinction) between the two taxa. A PVA is a quantitative analysis of global ranking and an S2 (i.e., Based on molecular, morphological, population dynamics, with the goal of vulnerable to extirpation) State ranking phenological, reproductive, and assessing the risk of extinction of a (WDNR 2011). ecological data, the conclusions in Al- species. The 2007 study, which took Taxonomy Shehbaz and O’Kane (2002, p. 322) and into account observed environmental Caplow et al. (2006, pp. 8–10) variability, determined there was little Although specimens of this taxon combining the genera Lesquerella and or no risk of a 90 percent population were originally collected from a Physaria and reducing the species decline within the next 100 years; an population in 1883, the plant material Lesquerella tuplashensis to Physaria approximate 13 percent chance of a was in poor condition, no definitive douglasii subsp. tuplashensis, provide decline of 50 percent of the population identification could be made, and the the most consistent and compelling over the next 50 years; and a 72 percent plant was not recognized as a species at information available to date. Therefore, chance of a 50 percent decline within that time. The population was we consider the White Bluffs the next 100 years. The PVA concluded rediscovered in 1994, and was described bladderpod a subspecies of the species the decline is gradual, consistent with and published as a species, Lesquerella Physaria douglasii, with the scientific the decline noted by Caplow (2005, p. tuplashensis, by Rollins et al. (1996, pp. name Physaria douglasii subspecies 1) between 1997 and 2005, and will 319–322). A petition requesting that L. tuplashensis. likely take several decades to impact the tuplashensis be listed as endangered population (Kaye 2007, p. 7). Although under the Act stated that ‘‘the Habitat/Life History census data indicates more individuals taxonomic status of Eriogonum codium The only known population of White in 2011 compared to the number of () as a valid species is Bluffs bladderpod is found primarily on individuals in 1995 and 2005, this uncontroversial (e.g., Reveal et al. 1996; near-vertical exposures of weathered, increase likely reflects some variability Kartesz 1998)’’ (Center for Biological cemented, alkaline, calcium carbonate in how the census was performed. The Diversity et al. [CBD] 2004, pp. 49, 100). paleosol (ancient, buried soil whose inflorescence for Umtanum desert Since then, the nomenclature and composition may reflect a climate buckwheat consists of a cluster of taxonomy of the species have been significantly different from the climate flowers arranged on a main stem or investigated. now prevalent in the area) (http:// branch. As stated earlier, the fact that In a general paper on the taxonomy of www.alcwin.org/ the 2011 census was somewhat higher Physaria and Lesquerella, O’Kane and Dictionary_Of_Geology_Description-84– than previous plant counts may be Al-Shehbaz (2002, p. 321) combined the P.htm). The hardened carbonate attributable to the identification of plant genera Lesquerella and Physaria and paleosol caps several hundred feet of clusters not previously documented, or reduced the species Lesquerella alkaline, easily eroded, lacustrine individually counting plants present in tuplashensis to Physaria douglasii sediments of the Ringold Formation, a plant clusters (rather than counting the subsp. tuplashensis (O’Kane and Al- sedimentary formation made up of soft cluster itself as one plant) (Arnett 2011a, Shehbaz (2002, p. 322)), providing Pleistocene deposits of clay, gravel, pers. comm.). Since 1995, numerous strong molecular, morphological, sand, and silt (Newcomb 1958, p. 328). surveys have been conducted at other distributional, and ecological data to The uppermost part of the Ringold locations within the lower Columbia support the union of the two genera. Formation is a heavily calcified and River Basin, within every habitat type Rollins and Shaw (1973, entire) took silicified cap layer to a depth of at least that appears to be suitable for Umtanum a wide view of the degree of 4.6 m (15 ft). This layer is commonly desert buckwheat. However no other differentiation between species and called ‘‘caliche’’ although in this case, it

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lacks the nitrate constituents found in Current Range/Distribution mean of 24 percent fewer plants than in true caliche. The ‘‘caliche’’ layer is a White Bluffs bladderpod is still the unburned transects. resistant caprock underlying the known only from the single population The high variability in estimated approximately 274–304 m (900–1,000 ft) that occurs along the upper edge of the population numbers was confirmed by elevation (above sea level) plateau White Bluffs of the Columbia River, the 2011 data, which documented the extending north and east from the White Franklin County, Washington, although highest population estimate since Bluffs (Newcomb 1958, p. 330). The the full extent of the subspecies’ monitoring began in 1997, even though White Bluffs bladderpod may be an occurrence has now been described. it immediately followed the year representing the lowest estimate (2010). obligate calciphile, as are many of the Most of the subspecies distribution (85 May 2011 was identified by the Hanford endemic Lesquerella (now Physaria) percent) is within lands owned by the Meteorological Station (http:// (Caplow 2006, pp. 2–12). The habitat of Department of Energy (DOE) and once www.hanford.gov/page.cfm/HMS) as the White Bluffs bladderpod is arid, and managed by the Washington Department fifth coolest and seventh wettest month vegetative cover is sparse (Rollins et al. of Fish and Wildlife as the Wahluke of May recorded on the installation 1996, p. 206). Wildlife Area (USFWS 2008, p. 1–3). since its establishment in 1944 This land remains under DOE Common associated plant species (Newsome 2011, p. 2). This ownership, and is managed by the include: Artemisia tridentata (big environment likely provided ideal Monument. The remainder of the sagebrush), Poa secunda (Sandberg’s conditions for germination, growth, and subspecies’ distribution is on private bluegrass), Bromus tectorum flowering for this year’s population land (Newsome 2011, pers. comm.) and (cheatgrass), Astragalus caricinus following a rather moist fall and mild WDNR land (Arnett 2012, pers. comm.). (buckwheat milk-vetch), Eriogonum winter season (Autumn 2010 microthecum (slender buckwheat), precipitation was 4.6 cm (21.8 inches) TABLE 2—ESTIMATED* POPULATION Achnatherum hymenoides (Indian above average; winter 2011 precipitation ricegrass), and Cryptantha spiculifera SIZE OF WHITE BLUFFS BLADDERPOD was 0.6 cm (0.24 inches) below average.) (http://ww.hanford.gov/page.cfm/hms/ (Snake River cryptantha). Occasionally, 10-Transect 20-Transect White Bluffs bladderpod is numerous Year sample sample products/seaprcp). enough at some locations to be Summary of Comments and subdominant. 1997 ...... 14,034 N/A 1998 ...... 31,013 32,603 Recommendations Because of its recent discovery and 1999 ...... 20,354 21,699 In the proposed rule published on limited range, little is known of the 2002 ...... 11,884 12,038 May 15, 2012 (77 FR 28704), we subspecies’ life-history requirements. In 2007 ...... 29,334 28,618 requested that all interested parties a presentation of preliminary life- 2008 ...... 16,928 18,400 submit written comments on the 2009 ...... 16,569 20,028 history studies, Dunwiddie et al. (2002, proposal by July 16, 2012. We also p. 7) reported that most individuals 2010 ...... 9,650 9,949 2011 ...... 47,593 58,887 contacted appropriate Federal and State reach reproductive condition in their agencies, scientific experts and first or second year, most adult plants * Mean number of plants per transect × total organizations, and other interested flower every year, and the lifespan of number of transects along permanent 100-m (328-ft) monitoring transects (from Newsome parties and invited them to comment on this short-lived subspecies is probably 4 2011, p. 3). An additional 20-transect sample the proposal. We did not receive any to 5 years. The population size appears was added to monitoring after 1997 to in- requests for a public hearing. to vary from year to year (see Table 2), crease statistical confidence. During the comment period, we and the survival of seedlings and adults Population Estimates/Status received two public comment letters appears to be highly variable addressing the proposed listing. All (Dunwiddie et al. 2002, p. 8); however, The size of the population varies substantive information provided more monitoring is needed to determine considerably between years. Censuses in during the comment periods has either the magnitude and frequency of high- the late 1990s estimated more than been incorporated directly into this final and low-number years, as well as to 50,000 flowering plants in high determination or is addressed below. population years (Evans et al. 2003, p. obtain an understanding of the causes of Peer Review these annual fluctuations (Evans et al. 3–2) (see Table 2). Since 1997 to 1998 2003, p. 64). Monitoring by Monument when the monitoring transects currently In accordance with our peer review staff (Newsome 2011, p. 5) suggests that used were selected, the population policy published on July 1, 1994 (59 FR ranged between an estimated low of the annual population fluctuations 34270), we solicited expert opinions 9,650 plants in 2010 to an estimated appear to be tied to environmental from five knowledgeable individuals high of 58,887 plants in 2011 (see Table conditions, such as seasonal with scientific expertise that included 2). Following the monitoring period in precipitation and temperature. familiarity with the species, regional 2007, a large wildfire burned through botanical knowledge, the geographical Historical Range/Distribution the northern portion of the population region in which the species occur, and within the monitoring transects. Annual conservation biology principles. We In 1996, White Bluffs bladderpod was monitoring was conducted through 2011 received responses from four of the peer only known from a single population to attempt to determine the effects of reviewers. that occurred along the upper edge of fire on White Bluffs bladderpod. The We reviewed all comments received the White Bluffs of the Columbia River monitoring results indicated that when from peer reviewers for substantive in Franklin County, Washington. The burned and unburned transects were issues and new information regarding population was described to occur compared, plants in burned transects the proposed listing for the two plant intermittently in a narrow band (usually appear to have rebounded to some species. The peer reviewers generally less than 10 m (33 ft) wide) along an extent (Newsome 2011, p. 5), although concurred with our methods and approximately 17-km (10.6-mi) stretch the data have too much variability to conclusions, and provided editorial of the river bluffs (Rollins et al. 1996, p. discern that difference. However, the comments, taxonomic clarifications, 205). burned transects appeared to have a additional citations, and information on

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species distribution, arid lands ecology, Our Response: We agree that the total ‘‘wildlife refuges, areas for the geology, and habitat associations to population counts for Umtanum desert protection and conservation of fish and improve the final rule. These comments buckwheat in Table 1 reflect wildlife that are threatened with have been incorporated into the final considerable uncertainty, and that the extinction, wildlife ranges, wildlife rule, but have not been individually method for estimating the total management areas, or waterfowl addressed below. The more substantive population needs to be improved in the production areas.’’ The Secretary of the peer reviewer comments are addressed future. Section 4(b)(1)(A) of the Act Interior is authorized to permit by in the following summary and have requires that we make determinations regulations the use of any area within been incorporated into the final rule as based on the best scientific and the system provided ‘‘such uses are appropriate. commercial data available. Demographic compatible with the major purposes for monitoring of a subset of the total which such areas were established.’’ Peer Reviewer Comments population indicates a slow decline (USFWS 2228, p. 793). (1) Comment: One peer reviewer based on 9 years of high-quality data, in The Service published a notice of presented recommendations with regard contrast to the census estimates shown intent to begin development of this CCP to the control of invasive plant species in Table 1. That high-quality data and environmental impact statement and the use of herbicides, in light of represents the best available scientific (EIS) in the Federal Register on June 12, their effects on pollinators. He also information, and has been applied in 2002, for public comment. This began a recommended the development of a this determination. The next population multiyear process to identify issues that detailed plan that explicitly describes viability analysis is anticipated within needed to be addressed and the how noxious and invasive weeds such or near 2016, and will be based on at management alternatives that would as cheatgrass (Bromus tectorum) would least 15 years of annual data from the best address those issues (69 FR 40333). be managed, to minimize risks to demographic study subpopulation, The CCP was developed by the Service Umtanum desert buckwheat, White which will improve data precision. to protect and conserve biological (and Bluffs bladderpod, and their supporting (3) Comment: For Umtanum desert other) resources, and includes several habitat’s native flora. buckwheat, one peer reviewer indicated management objectives, including Our Response: We appreciate and that, while the summary of factors in treating invasive species and restoring agree with the comment. In accordance Table 4 is comprehensive and accurate upland habitat (USFWS 2008 pp. 19– with section 4(f)(1) of the Act, recovery in assessing individual threats, he did 22). In addition, the species is in a very plans for the conservation and survival not feel that adequate consideration was gradual decline, and access to the area of both species will be developed and given to how the threats interact where the population occurs is implemented after publication of this collectively. The reviewer suggested prohibited without special authorization final rule. The plans will describe site- that because Umtanum desert from the Department of Energy. Further, specific management actions and buckwheat is vulnerable to single shrub and grass fuels on parts of the objective, measurable criteria, which, catastrophic events such as wildfire, it ridge where Umtanum desert buckwheat when met, would result in the recovery should be listed as endangered rather occurs are sparse, which reduces the of these species. The recovery plans will than threatened. likelihood that a wildfire event would address each of the threats described in Our Response: Pursuant to section affect the entire population. These the listing rule, including invasive 3(20) of the Act, a species is listed as factors collectively reduce the species, and propose a series of threatened if it is likely to become an likelihood that extinction is imminent prioritized actions (which could include endangered species within the and certain due to a single catastrophic pollinator conservation measures) to foreseeable future, throughout all or a event. Accordingly, we have determined address those threats. significant portion of its range. Under threatened status is appropriate for (2) Comment: For Umtanum desert section 3(6) of the Act, a species is Umtanum desert buckwheat. Please buckwheat, one peer reviewer suggested endangered if it is in danger of refer to the ‘‘Cumulative Impacts’’ it may be difficult to identify trends in extinction, throughout all or a section for a discussion of how we view the size of the population using the data significant portion of its range. the collective interactions of each of the presented in Table 1, because there are Therefore, the key statutory difference threats to this species. apparent differences in census between threatened and endangered (4) Comment: For White Bluffs methodologies and no statistical status is the timing of when a species bladderpod, one peer reviewer stated estimate of uncertainty in the values, may be in danger of extinction (i.e., that ‘‘fully half of the areal extent of the making the figures less precise than one either now (endangered) or in the bladderpod population (the southern 5 might normally expect in census counts foreseeable future (threatened)). The miles) is immediately abutted by of plant populations. As a result, he primary threats to Umtanum desert irrigated cropland, and occurs in areas commented that the figures appear not buckwheat include wildfire, nonnative of landslides and slumping bluffs.’’ He to support the contention that the plants, and increased fuel loads commented that the southern area population is gradually declining. The resulting from nonnative plants would be particularly vulnerable to peer reviewer suggested that ‘‘it would becoming established. We have landslides and slumping, putting the be clearer (and perhaps make a more considered the combined effect of these species in more danger of extinction. convincing argument) to present trends threats. Because of this risk, the reviewer from the demographic monitoring in the The development of a comprehensive suggested the species was worthy of a subpopulation over this entire 15-year conservation plan (CCP) for the status of endangered. Furthermore, the monitoring record, rather than management of the Monument (i.e., any commenter stated there has been little summarize just the first 9 years and lands managed as part of the National or no monitoring of the status and report that the declines have continued Wildlife Refuge System) is a Service trends of the population in the southern since then.’’ The reviewer also requirement under the National Wildlife portion of the area where it occurs. recommended the development of a Refuge System Improvement Act. This Our Response: The threat of active more rigorous monitoring program to Act provides guidelines and directives landslides and slumping is most improve the accuracy of population for the administration and management prevalent in approximately 35 percent estimates. of all lands within the system, including of the 17-km (10.6-mi) linear extent

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(range) of the subspecies. The species is (rather than low), since an ATV or a (Physaria douglasii subsp. tuplashensis) fairly numerous and continuous along couple of motorbikes moving through from the more common and wide- the entire linear extent of its range, the population, however unlikely, could ranging Columbia bladderpod (Physaria including those areas that are not have at least moderate impacts. douglasii). experiencing landslides. Further, plants Our Response: ‘‘Scope’’ as applied in Our Response: The research that are presently persisting in some areas our assessment refers to the extent of recognizes White Bluffs bladderpod as a where landslides have occurred. The species numbers or habitat affected by a species (currently a subspecies) is bluffs and cliffs outside of the influence threat; ‘‘Intensity’’ refers to the intensity included in the ‘‘Taxonomy’’ section of of irrigation water are more stable, and of effect by the threat on the species or this final rule (Caplow et al. (2006, pp. presumably at a lower risk to slumping. habitat; and ‘‘Timing’’ refers to the 8–10). This research established that the Because the risk of landslides is likelihood of a threat currently affecting two species differ with regard to relatively low over the majority of the the species. Although a determined numerous measurable physical traits. area where the subspecies occurs (65 individual could trespass in the area, we They also occur in different habitats, percent of the range), we have believe the deterrents that are in place, have different reproductive timing, and determined that threatened status is including access restrictions, occupy different ecological niches. appropriate, in light of the definitions of ‘‘unauthorized entry prohibited’’ signs, (10) Comment: One commentor endangered and threatened species in fencing, and enforcement, significantly recommended that public access not be the Act. Please see our response to reduce the likelihood of a trespass restricted any further than it currently Comment (3) above for Umtanum desert event. As a result, we have no is, once the species is listed, and that buckwheat for additional information substantive information that would neither species has been impacted to regarding the difference between indicate these activities represent an date by lawful public access. endangered and threatened status under ongoing threat to the Umtanum desert Our Response: This rule serves only the Act. Regular monitoring in the buckwheat population. to list both species under the Act, southern portion of the area has not (7) Comment: For White Bluffs thereby providing the Act’s protections. been conducted to date, which is bladderpod, one peer reviewer Any decisions regarding changes in primarily due to the presence of mixed recommended that we provide a management of access to areas occupied ownerships and the physical difficulties statistical test or present the numbers by the species will be made through of accessing the slumped areas. used to draw the conclusion that a separate processes by the agencies that Identifying an appropriate monitoring comparison of burned and unburned administer those lands. plan for the entire White Bluffs transects indicate that plants in burned bladderpod population will be a transects appear to have rebounded to Summary of Factors Affecting the primary objective of the recovery some extent. Species planning process under section 4(f) of Our Response: The citation used to Section 4 of the Act (16 U.S.C. 1533), the Act. support this observation has been and its implementing regulations at 50 (5) Comment: For White Bluffs added. The author of the report CFR part 424, set forth the procedures bladderpod, one peer reviewer stated acknowledges some uncertainty because for adding species to the Federal Lists that, although possible effects of the data has too much variability for us of Endangered and Threatened Wildlife pesticides and herbicides on pollinators to discern that difference with any and Plants. A species may be are mentioned briefly in the text as a confidence; the final rule has been determined to be an endangered or potential threat, the use of chemicals is clarified in that regard. threatened species due to one or more not included in Table 5 as a potential (8) Comment: For White Bluffs of the five factors described in section threat. bladderpod, one peer reviewer 4(a)(1) of the Act: (A) The present or Our Response: Agricultural lands do commented that the invasive plant threatened destruction, modification, or not function as habitat for the White species inventory and management plan curtailment of its habitat or range; (B) Bluffs bladderpod, but may support developed for the Hanford Monument overutilization for commercial, pollinators. Although pollinators that could be argued to be an inadequate recreational, scientific, or educational forage on agricultural lands may be at existing regulatory mechanism under purposes; (C) disease or predation; (D) risk of being exposed to pesticides, we Factor D, since threats can be the inadequacy of existing regulatory do not believe this situation rises to a minimized through consistent invasive mechanisms; and (E) other natural or level of threat to the overall population plant management. manmade factors affecting its continued for the following reasons: (1) Our Response: The purpose of the existence. Listing actions may be Agricultural land use is adjacent to Biodiversity Studies of the Hanford Site warranted based on any of the above approximately 35 percent (rather than a 2002–2003 study (Evans et al. 2003, threat factors, singly or in combination. majority) of the population; (2) we entire), was to address some of the Each of these factors for both Umtanum presume pesticides and herbicides have outstanding questions related to a desert buckwheat and White Bluffs been applied on these lands since their previous study, and was not intended to bladderpod are discussed below. initial conversion to agricultural use; (3) establish a regulatory program or White Bluffs bladderpod persists mechanism. Regardless, our Umtanum Desert Buckwheat adjacent to the agricultural areas; and determination that the invasive species A. The Present or Threatened (4) we have no scientific evidence with management plan is not a regulatory Destruction, Modification, or which to base a conclusion that the mechanism with regard to Factor D does Curtailment of Its Habitat or Range application of these chemicals not affect our status determination for represents an indirect threat to White this species. Caplow and Beck (1996, pp. 40–41) Bluffs bladderpod. and other studies indicate that threats to (6) Comment: For Umtanum desert Public Review Comments Umtanum desert buckwheat and its buckwheat, one peer reviewer (9) Comment: One commentor habitat are primarily due to wildfire and commented that he would rank the supported the listing of both species, associated firefighting activities (Beck severity of threat for recreational and recommended that we clearly 1999, pp. 27–29; Dunwiddie et al. 2001, activities and/or ORV use as moderate distinguish White Bluffs bladderpod p. 66). The invasion of nonnative plants

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that increase the availability of wildfire sociopolitical and economic factors. the Yakima Training Center (U.S. fuel sources is also a threat, as discussed After the 1900s, human activities Department of the Army) and traveled below. Unauthorized livestock interrupted the natural fire interval and down the ridge occupied by Umtanum trespassing, prospecting, and off-road patterns of burning. Agricultural desert buckwheat. The fire burned on all vehicle use represent potential threats, development and livestock grazing sides and partially through the which appear to be presently reduced reduced the light fuels that would population, which caused considerable because of improved boundary integrity, normally carry a fire; livestock grazing mortality of adult plants (Dunwiddie et access controls, fencing, and also had the effect of suppressing native al. 2001, p. 60). It was conservatively enforcement. Below is a detailed bunchgrasses and allowing nonnative estimated that up to 20 percent of the discussion of these threats and their invasive species such as Bromus population may have been killed by the potential effects on survival and tectorum (cheatgrass), Sisymbrium fire event (Dunwiddie et al. 2001, p. 62). recovery of the species. altissimum (tumblemustard), and native Wildfire: Fire may be the primary sagebrush densities to increase (USFWS The fire was most severe where threat to Umtanum desert buckwheat, 2008, p. 3–15). Cheatgrass may compete vegetative cover was dense and less and it is likely to become an even seasonally with Umtanum desert severe on thinner soils supporting little greater threat if the frequency or severity buckwheat for space and moisture. In or no vegetation. Shrub and grass fuels of fires increases (TNC 1998 p. 9; turn, the establishment and growth of on parts of the ridge are sparse, and the Dunwiddie et al. 2001, p. 62). Prior to highly flammable cheatgrass increases fire was patchy in the area where manmade disturbances (livestock the likelihood of fire (Link et al. 2006, Umtanum desert buckwheat is located grazing, introduction of exotic species, p. 10), potentially further negatively (or (Newsome 2011, pers. comm.). In late and farming), the historic fire regime adversely) impacting the Umtanum July 1998, a wildfire triggered by a was a 32- to 70-year fire return interval desert buckwheat population. lightning strike burned approximately of small, high-intensity fires that In mid-August 1984, approximately 2,828 ha (7,000 ac) before it was removed small patches of the fire- 80,800 ha (200,000 ac) both on and off contained (DOE 2000, p. 3–1). From intolerant shrub overstory. Small, the Hanford Site were burned in a fire 2001 to 2011, there have been 84 infrequent fires maintained bunchgrass that expanded 20 miles westward wildfire incidents documented, openings within the shrub-steppe during a 24-hour period. The 1984 fire affecting approximately 38,164 ha (94, habitat, providing for both shrub and was initiated by a lightning strike on 460 ac) of lands within the Monument grassland communities. The historic fire private land (DOE 2000, p. 3–1). During (see Table 3). regime has been significantly altered by the summer of 1997, a fire escaped from

TABLE 3—WILDFIRE HISTORY, HANFORD MONUMENT LANDS AND HANFORD REACH/SADDLE MOUNTAIN NATIONAL WILDLIFE REFUGE

Number Acres Hectares Year of fires burned burned

2011 ...... 2 1 0.4 2010 ...... 3 3,350 1,353 2009 ...... 10 529 214 2008 ...... 6 1,340 542 2007 ...... 8 77,319 31,237 2006 ...... 5 34 14 2005 ...... 8 10,910 4,408 2004 ...... 8 41 17 2003 ...... 16 512 207 2002 ...... 7 299 121 2001 ...... 11 125 51

Totals ...... 84 94,460 38,164.4 http://www.fws.gov/fire/program_statistics/ (acres/hectares rounded)

Umtanum desert buckwheat appears entirely consumed and no traces primarily among plants growing where to be intolerant of fire, and plants were remained that could be definitively associated vegetation was more easily killed. Even plants that were identified, which led researchers to abundant, thereby providing fuel to singed but not visibly charred appeared believe that the total impact of the 1997 carry the fire. After the fire, a reduction to be negatively affected, and many died fire on the population was likely in native plant diversity and loss of the year following the fire. The fire did considerably higher than the 813 burned shrub components was also observed in not stimulate vigorous new growth on plants documented. The long-term areas adjacent to the population. Based established plants or sprouting from the impact of the fire to the population is on the best available information, plants’ root crowns, which is sometimes unknown, but may be significant given wildfire represents an ongoing threat to observed with other species. In the slow growth rates, minimal Umtanum desert buckwheat. addition, there was no apparent flush of recruitment, and the increase in Fire Suppression Activities: In seedlings the following spring. Based on cheatgrass on the site following the fire. addition to wildfire itself, fire this lack of regeneration, or resprouting Cheatgrass plants are interspersed with suppression activities could present a from burned plants, the species does not Umtanum desert buckwheat plants, thus threat to the species if they occur in the appear to be fire-tolerant (Dunwiddie et increasing their flammability same area as the population, since this al. 2001, p. 66). Due to the intensity of (Dunwiddie et al. 2001, pp. 66, 68). species appears to be highly sensitive to the fire in some areas, many plants were Mortality from the fire occurred any physical damage (see discussion

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under off-road vehicles below). The Off-road Vehicles and Hikers: grazing, and indirect means, including Umtanum desert buckwheat population Trespassing by hikers and people soil disturbance, compaction, and is located on a flat natural fire break of driving off-road vehicles (ORVs) has importation of invasive species by seed rocky soils above steep-slopes, where occurred in the vicinity of and within carried on the body or through feces. In fire lines and firefighting equipment the Umtanum desert buckwheat addition, areas disturbed by livestock would tend to be concentrated population (Caplow 2005, pers. comm.). could increase bare soil areas, making (Whitehall 2012, pers. comm.; Newsome The open cliff edge where the plants them more suitable for the 2011, pers. comm.). Although fire grow is an attractive place for human establishment of invasive plant species. suppression activities did not take place traffic because of the compact substrate, This potential threat has been reduced within the Umtanum desert buckwheat sparse vegetative cover, and the view under the terms of a DOE permit issued population during the response to the overlooking the Columbia River. In 2004 to the rancher who conducts the 1997 fire, the surrounding area is at high and 2005, the Bonneville Power seasonal pasturing operations. The DOE risk of wildfire from human and natural Administration (BPA) reopened and permit restricts the seasonal movement (lightning) ignition sources. The improved a steep road on the top of a of livestock between pastures by way of Service’s fire program statistics (see ridge to the substation on China Bar a paved road directly below the Table 3) indicate a recurrence of below. The road was then passable to Umtanum desert buckwheat population wildfire events within Monument lands, two-wheel drive vehicles and, up until (Hathaway 2001, pers. comm.). In which would be anticipated to continue. the summer of 2005, was inadequately addition, there is a fence between the The 2001 Hanford Reach Wildlife Fire fenced and gated to prevent trespass paved road and the population. Based Management Plan prescription for this (Caplow 2005, pers. com.). The entire on the available evidence regarding area states that ‘‘except on existing known population exists within a permit requirements and boundary roads, the use of any equipment narrow corridor where human traffic integrity, we have no substantive 1 could be expected to concentrate. information indicating livestock (including light engines) within ⁄4 mile of the escarpment edge of the Umtanum Umtanum desert buckwheat plants are trespass represents an ongoing threat to Ridge is prohibited because of surface easily damaged by trampling or the species. instability and potential for sloughing at crushing by ORVs, are sensitive to Prospecting: Prospecting by rock the escarpment. Protection of sensitive physical damage, and are very slow to collectors was initially thought to be a resources is an objective unless recover if capable of recovering at all. potential threat to Umtanum desert buckwheat. Excavations up to 1.5 m (5 achieving this objective jeopardizes Within 2 days of being run over by ft) in diameter and 1.2 m (4 ft) deep either firefighter or public safety’’ trespassing dirt bikes, portions of occur throughout the area occupied by (USFWS 2001, p. 36). Accordingly, if a damaged plants showed signs of further the species (Caplow 2005, pers. comm.), wildfire were to occur in the decline, and some of the damaged although their age is uncertain. Some surrounding area, protection of the plants subsequently died (TNC 1998, p. may predate 1943, when the DOE Umtanum desert buckwheat population 62). This threat appears to have been acquired the land as part of the Hanford may not be possible if fire direction and reduced since direct access to the site installation, and others may reflect more firefighter/public safety considerations has been gradually fenced off over time, recent activity. Continuation of this were to necessitate establishing fire the site has been marked with activity could threaten a large portion of lines or response equipment staging prohibited entry signage, and consistent the Umtanum desert buckwheat areas within or near the population. enforcement is taking place. Although population by trampling, uprooting, or Although the need for wildfire unauthorized access is prohibited, there burial of plants during these activities. suppression activities near or within the remains a potential for trespass since an Although prospecting could be a threat, Umtanum desert buckwheat population open road is located approximately 0.5 it has not been observed since the is unpredictable, this activity is km (0.3 mi) (slope distance) below the species’ discovery in 1995, likely considered a threat to this species based population through lands commonly because of increased boundary integrity, on the Monument’s wildfire history (see used for recreation. A fence, located improved fencing, restrictive signage, Table 3). between the road and the Umtanum and enforcement. We have no Nonnative Plant Fuel Sources: desert buckwheat population, should information that would indicate any Another potential consequence of fire further discourage ORV or hiker trespass recent prospecting or other and other disturbances that remove incidents. Based on the available unauthorized entry into the site has native plants from the shrub steppe evidence, we have no substantive occurred. Therefore, based on the communities of eastern Washington is information that would indicate ORV or available evidence, we have no the displacement of native vegetation by hiking activities represent ongoing substantive information that would nonnative weedy species, particularly threats to the species, provided current indicate prospecting activities represent cheatgrass. As a result of the 1997 fire, security and boundary integrity efforts an ongoing threat to the species. a higher percent cover of weedy plant are maintained. We will continue to Based on the information above, the species, including cheatgrass, has monitor these activities as additional specific activities discussed under become established within and around information becomes available. Factor A: The Present or Threatened the Umtanum desert buckwheat Livestock: A potential threat of Destruction, Modification, or population. Wildfire raises the percent trampling to Umtanum desert Curtailment of Its Habitat or Range cover of weedy species, thereby buckwheat could occur if livestock were present a threat to Umtanum desert increasing the availability of ground to escape from a pasture area on China buckwheat and its habitat. These fuels, which enhances the ability to Bar, approximately 0.4 km (0.25 mi) include wildfire, nonnative plant fuel carry wildfire across the landscape into (slope distance) below the population, sources, and potentially wildfire previously fire-resistant cover types, although such an occurrence has not suppression activities. Trespassing by including habitat for Umtanum desert been observed or documented to date. If off-road vehicles, hikers, and mineral buckwheat. Accordingly, nonnative an escape were to happen, it could prospectors are not considered ongoing weedy species represent an ongoing impact the species by direct means such threats at this time, based on permit threat to the species. as crushing and mortality through requirements, access restrictions,

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boundary fencing, signage, and other rare Eriogonum taxon (Eriogonum recovery plan. The State ranking does enforcement actions that are in effect for umbellatum var. torreyanum (sulfur not provide any protections, whereas the area where this population occurs. flower buckwheat)) (TNC 1998, p. 9). Federally listing the species will impose Because ants have been observed legal and regulatory requirements B. Overutilization for Commercial, moving on and between flowers, they directed toward recovery. Therefore, the Recreational, Scientific, or Educational may also be contributing to the factors contributing to the species’ Purposes pollination of Umtanum desert decline with regard to the State ranking The regulations at 50 CFR 27.51 buckwheat. Whether seed predation by will be addressed and mitigated, over prohibit collecting any plant on any ants is a significant threat to the species time. Further, some actions are already national wildlife refuge without a based on its current demographic status, being taken to protect the population, as special use permit. Evidence of or to what degree the threat is offset by has been discussed earlier (e.g., fencing, overutilization has not been potential benefits of pollination is prohibited entry signs, permit documented since the discovery of unclear. During the 2011 census of conditions for livestock movement, Umtanum desert buckwheat in 1996. In Umtanum desert buckwheat, numerous enforcement, etc.). We coordinated the order to maintain a secure source for flower heads that had been clipped off proposed rule with the Washington seed and provide some assurance of and were lying on top of or very near Department of Natural Resources, who maintaining the genome of Umtanum the plants were observed. The species did not identify any concerns with desert buckwheat over time, Berry responsible is unknown, although there regard to the proposed threatened status Botanic Garden in Portland, Oregon, has was no evidence of mutilation or for this species under the Act. collected and stored several seed consumption of the flower structure The State of Washington’s accessions for the species. The facility (Arnett 2011c, pers. comm.). As stated endangered, threatened, and sensitive currently has 401 seeds that were earlier, no Umtanum desert buckwheat plant program is administered through collected in 1997, and 1,108 seeds seedlings have been observed the Washington Natural Heritage collected in 2001 and 2002 from an successfully germinating or becoming Program (WNHP), which was created to unknown number of plants (Gibble established near ant colonies. Because provide an objective basis for 2011, pers. comm.). Based on a thorough seed predation and the removal of establishing priorities for a broad array accounting of all activities on the site by flowering structures could significantly of conservation actions (WDNR 2011b, researchers and DOE, there is no reduce the reproductive potential of the p. 2). Prioritizing ecosystems and evidence that commercial, recreational, species, which is already in gradual species for conservation offers a means scientific, or educational use of this decline based on the results of the PVA, to evaluate proposed natural areas and species is occurring at a level that we consider these activities to be other conservation activities (WDNR would threaten the population. ongoing threats to Umtanum desert 2011b, p. 3). The WNHP is a participant C. Disease or Predation buckwheat. We are unaware of any in the Arid Lands Initiative, which is a other disease or predation interactions public/private partnership attempting to Evidence of disease has not been that represent potential threats to this develop strategies to conserve the documented in Umtanum desert species. species and ecosystems found within buckwheat; however, predation of seeds Washington’s arid landscape. The D. The Inadequacy of Existing by ants and removal of flower heads by WNHP assists in identifying Regulatory Mechanisms an unknown species has been observed conservation targets, major threats, and by researchers during demographic Umtanum desert buckwheat is potential strategies to address them monitoring trips. designated as endangered under the (WDNR 2011b, p. 4). The DOE does not Researchers from The Nature State of Washington’s list of have a rare plant policy that provides Conservancy observed western harvester endangered, threatened, and sensitive specific protection for the species, and ants (Pogonomyrmex occidentalis), a vascular plants (WDNR 2011a, p. 5). The presently retains management common native species, gathering WDNR Status and Ranking System of responsibility for the lands where mature achenes (seeds) of Umtanum the Washington Natural Heritage Umtanum desert buckwheat occurs. desert buckwheat plants and Program (http://www1.dnr.wa.gov/nhp/ Once contaminant issues are resolved in transporting them to their underground refdesk/lists/stat_rank.html) identifies this area, management responsibility colonies (Dunwiddie et al. 2001, p. 66). the State ranking for buckwheat as (1) will be conveyed to the Service, as a Ants have also been observed discarding G1 (critically imperiled globally and at part of the Monument, who would take the inedible remains of achenes above very high risk of extinction or the status of the species into account in ground, near the colony. Evidence of elimination due to very restricted range, their management strategies where the seed predation by ants was commonly very few populations or occurrences, population occurs. observed by different researchers very steep declines, very severe threats, Agricultural development and between 1999 and 2004 in numerous or other factors); (2) S1 (critically livestock grazing reduced the light fuels locations, although it has not been imperiled in the State because of that would normally carry a fire, and observed on Umtanum desert extreme rarity or other factors making it allowed nonnative invasive species like buckwheat in recent years (Arnett especially vulnerable to extirpation cheatgrass to increase (USFWS 2008, p. 2011c, pers. comm.). The percentage of (typically 5 or fewer occurrences or very 3–15). The establishment of highly achenes consumed by ants and other few remaining individuals or acres)); flammable cheatgrass within the insects, and the degree of impact this and (3) endangered (any taxon in danger Umtanum desert buckwheat population activity may be having on the available of becoming extinct or extirpated from increases competition for space and seed bank is unknown, although no Washington). Populations of these taxa moisture, and the likelihood that a Umtanum desert buckwheat seedlings are at critically low levels or their wildfire could negatively impact the have been observed successfully habitats have been degraded or depleted species. As fires become larger, the germinating or becoming established to a significant degree. Listing the opportunity for seed dispersal is also near ant colonies. Ant predation of species as threatened will invoke the increased as nonnative species invade seeds has been shown to be a significant protections under the Act, including burned areas. Nonnative species like factor in the viability of at least one consultation and development of a cheatgrass can be dispersed in several

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ways, including long-distance dispersal needs, and reports accomplishments from recreationists remain a risk, and facilitated by humans and animals. The when projects are completed. The timely and effective initial firefighting barbed florets are ideally adapted to Maintenance Management System responses may be difficult. For example, being picked up by clothing, feathers, (MMS) documents and prioritizes field before it was contained, the 24 and fur. Seeds can also be dispersed by facility and equipment needs, and also Command Wildfire (discussed in Factor machinery or vehicles. Animals may includes a reporting component. The A above) charred nearly 66,256 ha carry cheatgrass seed in their feces and CCP identifies several activities and (164,000 ac) of land both on and off the hooves, and seed-caching rodents and projects that would be implemented to Hanford site, even though the Hanford harvester ants can disperse seeds reduce wildfire risks as funds become Fire Department arrived on scene intermediate distances through caching available, including conducting fire approximately 20 minutes after the activity. Cropland, particularly fields of history studies, purchasing firefighting incident was reported. At that time the winter wheat and dryland hay, may also equipment, establishing a fire fire was approximately 4 ha (10 ac) in be potential seed sources to nearby bunkhouse, and conducting fire effects/ size (DOE 2000, pp. ES–2–ES–3). natural areas and rangelands, as rehabilitation monitoring studies Although the WNHP and Monument cheatgrass is a common weed (http:// (USFWS 2008, Appendix R–6). CCP are important tools for identifying www.fs.fed.us/database/feis/plants/ All collecting is prohibited on the conservation actions that would benefit graminoid/brotec/all.html). Monument, including antlers, bones, Umtanum desert buckwheat, these The Hanford Fire Department rocks, artifacts, and plant life. programs are not adequate to completely maintains four fire stations on the Regulations also prohibit fires on eliminate threats to the species. For Hanford Reservation (USFWS 2001, Monument lands (Hanford Reach example, the threat of wildfire cannot be Appendix D, p. 74). The Service and the National Monument Hunting completely eliminated because of the Hanford Fire Department have entered Regulations, 2011). The Revised numerous potential ignition scenarios, into a cooperative agreement, under Hanford Site 2011Wildland Fire including lightning, arson, recreational which either organization can provide Management Plan (DOE 2011, p. 176) carelessness, cigarettes, motor vehicle firefighting support (USFWS 2001, addresses Umtanum desert buckwheat accidents, or other actions. In addition, Appendix D, p. 75) on lands under the briefly in a specific accounting of a fire management plan is necessarily jurisdiction or responsibility of the sensitive resources located on the site. designed to be a response, rather than other party (DOE 2011, p. 84). The The plan states that ‘‘due to the prescriptive strategy, since wildfires are concept of closest forces is the guiding sensitive nature of the biology of the unpredictable with regard to their principle of initial attack suppression. Hanford Site, an on-call Mission location and severity. Accordingly, the This agreement does not provide Support Alliance biologist will be impact of wildfire to Umtanum desert specific conservation measures for the requested to assist the command staff in buckwheat is not being eliminated by protection of Umtanum desert protecting the environment during existing regulatory mechanisms, buckwheat, but does acknowledge the suppression efforts.’’ This requirement because of the many potential ignition presence of plants unique to the site. does not remove the wildfire threat to scenarios on the lands within and The objective for this area states that the species, but may make damage surrounding the area where the species ‘‘except on existing roads, the use of any during active fire suppression less occurs. equipment (including light engines) probable. E. Other Natural or Manmade Factors within 1⁄4 mile of the escarpment edge The 1997 wildfire initiated by the Affecting Its Continued Existence of the Umtanum Ridge is prohibited U.S. Army Yakima Training Center fire because of surface instability and resulted in mortality to 10–20 percent of Umtanum desert buckwheat has a potential for sloughing at the the population (see Factor A and Table small population size and distribution, escarpment. Protection of sensitive 1). The threat of wildfire originating on and suffers from low recruitment (Kaye resources is an objective unless the nearby U.S. Army Yakima Training 2007, p. 3; Caplow 2005, p. 3). These achieving this objective jeopardizes Center and spreading to the Umtanum features make it particularly susceptible either firefighter or public safety’’ desert buckwheat site remains, as does to potentially changing climate (USFWS 2001, p. 36). the potential for ignition to occur along conditions. For instance, regional Numerous wildland fires occur the BPA transmission line corridor, climate change models indicate a rise in annually on lands in and surrounding which crosses the population. Fire hotter and drier conditions, which may the Monument. Many are human-caused could also originate below the increase stress on individuals as well as resulting from vehicle ignitions from Umtanum desert buckwheat site on increase wildfire frequency and roads and highways, unattended China Bar and rapidly burn upslope, intensity. campfires, burning of adjacent since this area is commonly used by Population structure: The typical size agricultural lands and irrigation ditches, recreationists. The Hanford Reach distribution of perennial plants consists and arson. Fires of natural origin National Monument CCP acknowledges of more individuals in smaller and (lightning caused) also occur on lands that wildland fire will be suppressed presumably younger size-classes, than within and adjacent to the Monument when possible, suppression techniques in larger or older ones. However, (USFWS 2001, p. 171). Since wildfires will be designed to minimize surface Umtanum desert buckwheat has fewer are unpredictable with regard to their disturbance in the vicinity of sensitive plants in smaller size-classes than in location and intensity, a fire resources, and fire control policies will larger ones. The only known population management plan is necessarily be implemented to reduce the risk of of this species is dominated by mature designed to be a response, rather than a human-caused wildland fire (USFWS plants with little successful regulatory activity. Appendix R in the 2008, p. 4–8). However, based on the establishment of seedlings. The majority CCP identifies the National Wildlife recent wildfire history and acreage of individual plants have a strong Refuge System Strategic Goals and the affected (see Table 3), fire planning tendency to remain in the same size Monument RONS and MMS Project documents are not able to address all class, and presumably age class, from 1 Lists. The Refuge Operating Needs possible scenarios. In addition, year to the next. In addition, adult System (RONS) documents and numerous agencies must coordinate mortality averages 2 percent annually prioritizes staffing and operational firefighting on this landscape, ignitions (Kaye 2007, p. 3). Between 1997 and

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2006, only five to six seedlings in all natural variability, human activity, or events in some instances. This will demographic monitoring plots were both (IPCC 2007, p. 78). continue the trend observed from 1948 observed to survive longer than 1 year, Various types of changes in climate to 2002, during which the frost-free and in 2005, which was preceded by a can have direct or indirect effects on period has lengthened by 29 days in the dry winter, no germination was species. These effects may be positive, Columbia Valley (Jones, 2005 in Stockle observed (Caplow 2005, p. 3). neutral, or negative and they may et al. 2009, p. 199). Weeds and insects The lack of establishment and change over time, depending on the will adapt to the longer season with survival of seedlings is a threat, as few species and other relevant more favorable conditions (Stockle et al. plants are becoming established as considerations, such as the effects of 2009, p. 200). replacements for plants that die. Several interactions of climate with other Given the importance of water factors may be responsible, such as variables (e.g., habitat fragmentation) availability to plants, precipitation exposure of young plants to high winds (IPCC 2007, pp. 8–14, 18–19). In our change needs to be included in and temperatures and very low spring analyses, we use our expert judgment to predictions of climate change effects on and summer precipitation. Other weigh relevant information, including invasive plants (Bradley 2009, p. 197). possible factors include low seed uncertainty, in our consideration of Regional climate models suggest that production, low seed or pollen viability, various aspects of climate change. The some local changes in temperature and low seedling vigor and survival, impacts potential impacts of a changing global precipitation may be quite different than to plant pollinators or dispersal climate to Umtanum desert buckwheat average regional changes projected by mechanisms, and flowering structure are presently unclear. All regional the global models (Littell et al. 2009a, p. removal/insect predation of seeds (as models of climate change indicate that 6). Precipitation uncertainties are described under Factor C). Researchers future climate in the Pacific Northwest particularly problematic in the western have had some success in germinating will be warmer than the past. Together United States, where complex and growing Umtanum desert they suggest that rates of warming will topography coupled with the difficulty buckwheat in containers, which may be greater in the 21st century than those of modeling El Nin˜ o result in highly indicate that the failure to establish observed in the 20th century. Projected variable climate projections (Bradley seedlings in the wild may not be due to changes in annual precipitation, 2009, p. 197). Cheatgrass, an invasive low fertility, but may be related to averaged over all models, are small (+1 species, competes with native species conditions necessary for survival after to +2 percent), but some models project by growing early in the spring season germination (Arnett 2011c, pers. an enhanced seasonal precipitation and using available water resources. It comm.). Long-term monitoring and cycle with changes toward wetter senesces in late spring, sets seed, and research may determine the cause of the autumns and winters and drier summers remains dormant through the summer (Rice et al., 1992; Peterson, 2005; in population’s skewed size distribution. A (Littell, et al. 2009a, p. 1). At a regional scale, two different Bradley 2009, p. 197; Bradley 2009, pp. seed bank study has shown that temperature prediction models are 204–205). If summer precipitation were viability of buried seed decreases presented in Stockle et al. (2009, p. to increase, native perennial shrubs and dramatically after the first year, 199), yet show similar results. Outputs grasses could be more competitive suggesting a very small and short-lived from both models predict increases in because they would be able to use water seed bank for Umtanum desert mean annual temperature for eastern resources while cheatgrass is dormant buckwheat (Caplow 2005, p. 6). Washington State. Specifically, the (Loik, 2007 in Bradley 2009, pp. 204– Considered in total, these factors Community Climate System Model 205). likely combine effects to create negative General Circulation Model projects Littell et al. (2009b, p. 270) were recruitment for Umtanum desert temperature increase as 1.4, 2.3 and 3.2 successful in developing statistical buckwheat. This theory is supported by °C (2.5, 4.1, and 5.8 °F) at Lind, models of the area burned by wildfire Kaye’s findings (2007, p. 5) that the Washington, which is 64 km (40 mi) for six regions in Washington for the population appears to be in a gradual northeast of the Umtanum desert period 1980 to 2006. Future projections decline of approximately 2⁄3 of 1 percent buckwheat population; approximately from these six models project mean- per year. Negative recruitment due to 1.7, 2.7, and 3.5 °C (3.1, 4.9, and 6.3 °F) area-burned increases of between 0 and the factors described above combined at both Pullman, Washington, which is 600 percent, depending on the with a small population size present a 169 km (105 mi) east of the population, ecosystem in question, the sensitivity of significant threat to the species. as well as Sunnyside, Washington, the fire model, emissions scenario, and Climate change: Our analyses under which is 50 km (31 mi) southwest of the the timeframe of the projection. By the the Endangered Species Act include population, for the 2020, 2040, and 2080 2040s, the area burned in nonforested consideration of ongoing and projected modeling scenarios, respectively. For ecosystems (Columbia Basin and changes in climate. The terms ‘‘climate’’ the Parallel Climate Model effort, the Palouse Prairie) increased on average by and ‘‘climate change’’ are defined by the temperature change is expected to be a factor of 2.2. Notably, the increase in Intergovernmental Panel on Climate 0.8, 1.7, and 2.6 °C (1.4, 3.1, and 4.7 °F) area burned is accompanied by an Change (IPCC). ‘‘Climate’’ refers to the at Lind, Washington; 1.1, 2.0, and 2.9 °C increase in variability in some of the mean and variability of different types (2.0, 3.6, and 5.2 °F) at Pullman, more arid systems, such as the Palouse of weather conditions over time, with 30 Washington; and 1.3, 2.2, and 3 °C (2.3, Prairie and Columbia Basin (Littell et al. years being a typical period for such 4.0, and 5.5 °F) at Sunnyside, 2009b, p. 270). measurements, although shorter or Washington, in the 2020, 2040, and We do not know what the future longer periods also may be used (IPCC 2080 scenarios, respectively. holds with regard to climate change; 2007, p. 78). The term ‘‘climate change’’ The projected warming trend will however, this species has a very limited thus refers to a change in the mean or increase the length of the frost-free distribution, small population size, and variability of one or more measures of period throughout the State, increasing low recruitment. Despite the lack of site- climate (e.g., temperature or the available growing season for plants, specific data, increased average precipitation) that persists for an which will continue to be limited in temperatures and reduced seasonal extended period, typically decades or eastern Washington by water rainfall may further influence the longer, whether the change is due to availability, and likely by extreme heat current decline of the species and result

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in a loss of habitat. Hotter and drier and grown in pots to a size suitable for available regarding the past, present, summer conditions may also increase reintroduction during dormancy. The and future threats to Umtanum desert the frequency and intensity of fires in initial outplanting test was undertaken buckwheat (see Table 4). The 1997 fire the area, as cheatgrass and other in December 2011 (Newsome 2012, pers. that escaped from the Yakima Training invasive plants would become better comm.). Center killed 813 plants, or competitors for resources than Cumulative Impacts approximately 10–20 percent of the Umtanum desert buckwheat. population (Dunwiddie et al., 2001, pp. Alternatively, warmer and wetter winter Cumulative Effects From Factors A 61–62). The Revised Hanford Site 2011 conditions could potentially benefit the Through E Wildland Fire Management Plan (DOE species by extending the growing season Some of the threats discussed in this 2011) acknowledges the sensitive nature and providing additional moisture to of the biology of the Hanford Site, and the soil in the spring. However, if the finding could work in concert with one frequency, intensity, and timing of the another to cumulatively create provides for environmental protection predicted changes in climate for eastern situations that potentially impact during fire suppression activities. This Washington are not aligned with the Umtanum desert buckwheat beyond the plan may reduce the likelihood of a phenology of Umtanum desert scope of the combined threats that we wildfire event within or near the buckwheat, the survival and have already analyzed. Threats population, but cannot remove the reproduction of the species could be described in Factors A and E above threat completely since wildfire threatened over time. Accordingly, would likely increase in timing or locations, severity, and response needs although climate change represents a intensity when occurring at the same are unpredictable. The 2007 potential ongoing threat based on the time or location. Additional ground unpublished draft Population Viability best available information, more fuels due to the presence of nonnative Analysis (PVA) estimated a 72 percent thorough investigations are needed to species are likely to increase the chance of a decline of 50 percent of the better understand the potential impacts capacity of the landscape to carry population within the next 100 years wildfires (Factor A) and intensify their of climate change to this species. (Kaye 2007, p. 5). The PVA, which overall size and impact (Link et al. 2010, incorporated observed environmental Conservation Efforts To Reduce Other p 1). The occurrence of larger fires Natural or Manmade Factors Affecting increases the potential for (1) the fire variability, determined the Umtanum Its Continued Existence reaching the Umtanum desert desert buckwheat population was in very gradual decline. The decline is Because Umtanum desert buckwheat buckwheat population, and (2) the was recently discovered and exists impacts to the species of the wildfire very close to stable, but still suggests an 2 within a controlled perimeter, large- itself and related firefighting activities. annual decline of about ⁄3 of one scale conservation or recovery efforts Although this relationship represents a percent, which will take several decades have not yet been undertaken. Due to significant threat to the species, the to accumulate significant impacts (Kaye firmly controlled access at the site, the threats to the population are clearly 2007, p. 5). The steady decline observed only research currently occurring is the increased when combined with a small through demographic monitoring of annual demographic monitoring of a and declining population size, limited numbers and recruitment since 1997 subpopulation and periodic censuses spatial extent, and low recruitment may be directly attributable to several of estimated by the Washington National described under Factor E. Any the known threats, although some have Heritage Program (WNHP). In addition enhancement or reduction of the been reduced because of increased to the protection of habitat described in cumulative threats through climate boundary integrity and access control. Factor D above, a locked gate has been change is unknown at this time, but Because the population is small, limited installed along BPA power lines right- could be significant under drier annual, to a single site, at risk of invasive of-way to prevent motorized access to or reduced seasonal, precipitation species, and sensitive to fire and the bluff area, thus reducing potential conditions. disturbance in a high fire-risk location, impacts to Umtanum desert buckwheat Determination the species remains vulnerable to the from unauthorized trespass by livestock, threats summarized in Table 4. or vehicles. Umtanum desert buckwheat We have carefully assessed the best has been germinated by Monument staff scientific and commercial information

TABLE 4—SUMMARY OF THREAT FACTORS UNDER THE ESA TO UMTANUM DESERT BUCKWHEAT

Factor Threat Timing* Scope* Intensity*

A ...... Wildfire ...... High ...... High ...... High. Fire suppression activities ...... High ** ...... High ...... High. Harm by recreational activities and/or ORV use ...... Low *** ...... Low ...... Low. Direct harm and habitat modification by livestock ...... Low *** ...... Low ...... Low. Mineral prospecting ...... Low *** ...... Low ...... Low. Competition, fuels load from nonnative plants ...... High ...... High ...... High. C ...... Seed predation ...... Unknown ...... Unknown ...... Unknown. Flower predation ...... Unknown ...... Unknown ...... Unknown. E ...... Small population size ...... High ...... High ...... High. Limited geographic range ...... High ...... High ...... High. Low recruitment ...... High ...... High ...... High. Climate change ...... Unknown ...... Unknown ...... Unknown. * Timing: The likelihood of the threat currently affecting the species. Scope: The extent of species numbers or habitat affected by the threat. Intensity: The intensity of effect by the threat on the species or habitat. ** If avoidance is not possible due to fire direction or safety needs. *** Based on ongoing restricted access, fencing, and enforcement.

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As described above, Umtanum desert range, we assessed the status of the invasive species competition is of buckwheat is currently at risk species throughout its entire range. The primary concern (Caplow and Beck throughout all of its range due to number of individuals in the single 1996, p. 42; Newsome 2007, p. 4). Below ongoing threats of habitat destruction population is very small and declining. is a detailed discussion of these threats and modification (Factor A), predation Although some threats are more severe and their potential effects on survival (Factor C), and other natural or than others, the entire population is and recovery of the subspecies. manmade factors affecting its continued being affected by small population size, Landslides: Groundwater movement existence (Factor E). Specifically, these limited range, low recruitment, invasive from adjacent, up-slope agricultural factors include the existing degradation cheatgrass presence that can fuel activities has caused mass-failure or fragmentation of habitat resulting wildfire, wildfire (Table 4), seed landslides in portions of the White from wildfire, nonnative invasive predation, and flower predation. We Bluffs. As a result, the habitat in vegetation that provides fuel for find that Umtanum desert buckwheat is approximately 6.0 km (3.7 mi), or about wildfires, predation of seed and flower likely to become in danger of extinction 35 percent of the known range of White structures, and potentially changing throughout its entire range within the Bluffs bladderpod has been moderately environmental conditions resulting from foreseeable future, based on the timing, to severely altered (Brown 1990, pp. 4, global climate change (although its intensity, and scope of the threats 39; Cannon et al. 2005, p. 4.25; Caplow magnitude and intensity are uncertain). described above (see Table 4). As stated et al. 1996, p. 65; Drost et al. 1997, pp. Wildfire suppression activities could earlier, the Hanford Reach National 48, 96; Lindsey 1997, pp. 4, 10, 11, 12, also threaten the species if they were to Monument CCP was developed to 14; U.S. Congress (H.R. 1031), 1999, p. occur within the population, since this protect and conserve the biological, 2; USFWS 1996, p. 1). White Bluffs species appears to be highly sensitive to geological, paleontological, and cultural bladderpod plants have not been any physical damage. However, whether resources described in the Monument observed in areas that have undergone this potential threat would actually Proclamation by creating and recent landslides, regardless of whether occur is unknown, given the maintaining extensive areas within the the landslide disturbance is moderate or unpredictable nature of wildfire events. Monument free of facility development severe. They have not been observed to Impacts to Umtanum desert buckwheat (USFWS 2008, p. v). Several survive small slumping events, possibly from livestock moving through the management objectives are identified because the mixed soils downslope population, off-road vehicle use, hikers, that could benefit the Umtanum desert post-event no longer have the soil and prospecting are conceivable, but buckwheat population and result in horizon that White Bluffs bladderpod unlikely, provided DOE permit reduction of threats; these include plants seem to require. Additionally, conditions for livestock movement are treating invasive species and restoring these slumped soils are typically more followed, access to the site is effectively upland habitat (USFWS 2008, pp. 19– saturated because they end up below the controlled, boundary integrity is 22). groundwater seep zone. In the arid monitored and maintained, and As stated earlier, because the environment, White Bluffs bladderpod enforcement actions are taken as population is declining gradually, appears to be unable to successfully needed, each of which is presently significant impacts will take several compete with the host of weedy and occurring. decades to accumulate (Kaye 2007, p. 5). invasive drought-intolerant species in The area where Umtanum desert Given the fact that (1) the population is the seed bank. Where natural buckwheat is found is at high risk of in a very gradual decline; (2) the weathering has eroded occupied habitat, frequent fire and is fully exposed to the management objectives of the CCP will White Bluffs bladderpod plants have elements. The population is extremely be beneficial to the species; (3) access is been observed to occasionally become small, isolated, and in slow but steady prohibited without special authorization established on the more gentle slopes. In decline, notwithstanding the somewhat from the DOE; (4) security fencing very large events of rotational slumping higher count in the 2011 population surrounds the population; (4) ‘‘entry or landslides, parts of the original census (which may be attributable to the prohibited’’ signs are in place; and (5) surface horizon may remain somewhat way individual plants were counted as boundary enforcement is ongoing, the undisturbed on the crest of the slumped block, preserving White Bluffs described earlier). These population species is not presently in danger of demographics make the species bladderpod plants, at least for the short extinction throughout all or a significant particularly susceptible to extinction term (Caplow et al. 1996, p. 42). All portion of its range. Therefore, on the due to threats described in this final mass-failures occurring along the White basis of the best available scientific and rule. The scope of the wildfire threat is Bluffs, with one historical exception, are commercial information, we are listing high; other threats are moderate to low found in association with water seepage Umtanum desert buckwheat as in scope. Because of the limited range (Bjornstad and Fecht 2002, p. 16). threatened in accordance with sections of Umtanum desert buckwheat, any one In the 1960s, the Washington State 3(6) and 4(a)(1) of the Act. of the threats may threaten its continued Department of Game (currently known existence at any time. Since these Summary of Factors: White Bluffs as the Washington Department of Fish threats are ongoing, they are also bladderpod and Wildlife) constructed artificial imminent. wetlands using irrigation water The Act defines an endangered A. The Present or Threatened delivered to unlined wastewater ponds species as any species that is ‘‘in danger Destruction, Modification, or and canals in the vicinity of the White of extinction throughout all or a Curtailment of Its Habitat or Range. Bluffs for wildlife enhancement significant portion of its range’’ and a Caplow and Beck (1996, p. 42) and (Bjornstad 2006, p. 1). Water entered a threatened species as any species ‘‘that others state that the threats to White preferential pathway for movement is likely to become endangered Bluffs bladderpod and its habitat are along a buried paleochannel, which throughout all or a significant portion of primarily landslides caused by connected the artificial wetlands with its range within the foreseeable future.’’ subsurface water seepage, invasive the White Bluffs escarpment near Locke Since Umtanum desert buckwheat is species, and ORV use (TNC 1998, p. 5; Island 4.8 km (3 mi) to the southwest. highly restricted in its range and the Evans et al. 2003, p. 67, Newsome 2007, Water percolating from artificial threats occur uniformly throughout its p. 4). Of these threats, landslides and wetlands moved quickly down through

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highly transmissive flood deposits, and moves a considerable distance laterally ongoing threat to White Bluffs then encountered the low-permeability across some of the more impermeable bladderpod. soils of the Ringold Formation. The beds of the Ringold Formation, as Pesticide or Herbicide Use: We water then flowed laterally along the described earlier, and also percolates initially considered whether White impermeable layer, and discharged downward. As the water increases the Bluffs bladderpod pollinators could through springs along the White Bluffs. pore pressure between sediment grains, potentially be negatively affected by Where they were wet, the unstable it reduces the soil material strength. At pesticide or herbicide applications on Ringold Formation sediments have the steep bluff face, the loss of material orchards and other irrigated crops slumped and slid along the steep White strength results in slope failure and located adjacent to the population along Bluffs escarpment (Bjornstad and Fecht resultant landslides (Bjornstad and the southern portion of its distribution. 2002, p. 14). Although water flow to the Fecht 2002, p. 17), which permanently However, specific information on pond has been halted due to concerns destroy White Bluffs bladderpod whether this situation poses a threat is about landslides and the artificial habitat. The areas subject to mass-failure not available, and we are not identifying wetlands no longer exist, water landslides are somewhat predictable, it as an ongoing threat at this time. continues to seep out along the bluffs, and appear as horizontal wetted zones Wildfire: In July 2007, a large wildfire apparently due to the large volume that in the cliff face. This threat is imminent burned through the northern portion of accumulated in the underlying and ongoing, potentially affecting most the White Bluffs bladderpod population sediments over years of infiltration of the population, although to differing and within the area of the monitoring (Bjornstad and Fecht 2002, p. 15). degrees. transects after monitoring was The erosional processes at work in the Off-road vehicles: ORVs also threaten completed for that year. Fire is northern White Bluffs vicinity are the subspecies by crushing plants, considered to be a threat to White Bluffs somewhat different than those of the destabilizing the soil, increasing bladderpod, although the decline in southern White Bluffs area, where erosion, and spreading the seeds of population numbers after the 2007 fire White Bluffs bladderpod occurs. A invasive plants. Although ORV activity indicated the population estimate was record of slumping exists along the is prohibited on the Monument (USFWS still within the known range of White Bluffs, beginning with periodic 2008, p. 1–5), it occurs intermittently on variability. The 2008–2011 monitoring high-recharge, Ice Age flood events. the Federal lands that constitute results demonstrated the negative Since the Pleistocene Epoch, approximately 85 percent of the impacts of the fire to be less than landsliding on the southern bluffs subspecies’ distribution. Currently, ORV expected, as approximately 76 percent where White Bluffs bladderpod is found activity is more common within the of the population remained viable the was dormant until the 1970s, when private portion (approx. 15 percent of following year (Newsome and Goldie, increased infiltration of moisture from the area) at the southern end of the 2008). Notwithstanding the subspecies’ agricultural activities caused a subspecies distribution. The location apparent ability to recover somewhat resurgence of slumping (Bjornstad and and extent of this threat has been from the 2007 wildfire event, we believe Peterson 2009b; Cannon et al. 2005, p. mapped by Monument staff on the land that wildfire continues to be a threat to 4.25; Bjornstad and Fecht 2002, p. 17; under their management (Newsome the existing population. This is because Drost et al. 1997, p. 76; Brown 1990, pp. 2011, pers. comm.). Based on the best fire events tend to be large and 4, 38, 39). Excess irrigation water available information, ORV use is unpredictable in the Hanford Reach (see percolates downward before moving considered to be an ongoing threat to Table 3) and can potentially affect large laterally upon lower-permeability White Bluffs bladderpod, particularly numbers of plants and significant areas Ringold strata. Spring water that within the southern extent of the of pollinator habitat. discharges in the vicinity of the bluff subspecies’ distribution. In addition, wildfire also impacts face greatly reduces internal soil Invasive species: An infestation of pollinator communities by directly strength, and leads to slope failure. Centaurea solstitialis (yellow causing mortality, altering habitat, and Heads of landslides characteristically starthistle), a nonnative weed that is reducing native plant species diversity. consist of back-rotated slump blocks known as a rapid invader of arid Since an increase in cheatgrass was that transition to debris flows and often environments even in the absence of observed within the White Bluffs fan out into the Columbia River. disturbance, was discovered during bladderpod population and the Landslides and their damaging effects 2003 within a portion of the range of surrounding areas affected by the 2007 will likely continue until water that is White Bluffs bladderpod (Evans et al. fire, we presume a larger scale fire event currently being introduced subsurface 2003, p. 67). Invasive plants compete would have similar results. Because of through unlined irrigation canals, with White Bluffs bladderpod for space its invasive nature (see discussion ponds, and over-irrigation is and moisture and increase the effects of below), cheatgrass may compete significantly reduced or eliminated fire. The infestation was mapped, plants seasonally with native species and, once (Bjornstad and Peterson 2009b). were treated using aerial means, and the established, increase wildfire fuel The entire population of White Bluffs weeds are currently being controlled. availability (Link et al. 2006, p 10). bladderpod is down-slope of irrigated Continued monitoring and timely White Bluffs bladderpod may be agricultural land and is at risk of followup treatment of this ongoing somewhat fire-tolerant based on the landslides induced by water seepage. threat is necessary to protect White post-2007 wildfire response monitoring. The threat is greater in the southern Bluffs bladderpod habitat. In addition, a However, the establishment and growth portion of the subspecies’ distribution portion of the White Bluffs bladderpod of highly flammable cheatgrass where irrigated agriculture is closest in population is adjacent to a public access increases the likelihood of fire as well proximity, and in several locations point along the Columbia River. Visitors as its intensity, potentially elevating the directly adjacent to the bluffs (Bjornstad could potentially transport invasive risk of impacting the White Bluffs et al., 2009a, p. 8; Lindsey 1997, p. 12). plant material or seeds into the area, bladderpod population in the future. Wetted soils visible on the cliff faces increasing the risk of impacts of Given the invasive nature of cheatgrass, directly below the private lands indicate establishment of invasive species. Based the increased fire frequency and that irrigation of the fields above is on the best available information, wildfire history within and around the affecting the bluff. Irrigation water nonnative invasive species represent an Monument (see Table 3), the increased

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fuel that becomes available for future bladderpod by providing guidance for B. Overutilization for Commercial, wildfire events as cheatgrass fire suppression activities on the White Recreational, Scientific, or Educational proliferates, and observations that Bluffs. The plan states ‘‘Fire Purposes cheatgrass presence increased within Management will protect these sensitive The regulations at 50 CFR 27.51 and around the population after the resources by suppressing fires in this prohibit collecting any plant material on 2007 wildfire, wildfire is considered to area either from existing roads or the any national wildlife refuge. There is no be an ongoing threat to White Bluffs use of flappers and water use. The use evidence of commercial, recreational, bladderpod. of hand tools that break the surface will scientific, or educational use of White Nonnative Plant Competition and be avoided when possible, and the use Bluffs bladderpod, other than occasional Fuel Sources: A common consequence of any off-road equipment in these areas collection of relatively few specimens of fire is the displacement of native requires concurrence by the Project vegetation by nonnative weedy species, (e.g., dead plants and seed collection). Leader.’’ Protection of sensitive particularly cheatgrass. As a result of The subspecies is very showy while the 2007 fire, a higher percent cover of resources during a fire response is an flowering and may be subject to weedy plant species, including objective unless achieving this objective occasional collection by the public. The cheatgrass, has become established jeopardizes either firefighter safety or University of Washington Rare Care staff within and around the White Bluffs public safety (USFWS 2001, p. 40). In collected approximately 2,000 White bladderpod population. Cheatgrass is an the 2007 fire, damage to habitat from Bluffs bladderpod seeds from 60 plants introduced annual grass that is widely fire suppression activities within the on July 29, 2011, and Berry Botanic distributed in the western United States, White Bluffs bladderpod population Garden in Portland, Oregon, currently and has been documented in the White was avoided by limiting soil disturbance has 1,800 seeds collected in 1997 from Bluffs bladderpod population. The plant to areas outside a 50–100 m (164–228 ft) 45 plants (Gibble 2011, pers. comm.). is believed to have been introduced in buffer (Goldie 2012, pers. comm.). Because the public has access to the contaminated grain from southwestern subspecies, and it occurs on private However, the ability to avoid fire land, occasional collection may be Asia via Europe in the 1890’s. The suppression impacts to the White Bluffs species is adapted to climate and soils expected. Collection for scientific bladderpod population during future purposes combined with sporadic similar to those found in the Great Basin wildfire events would take into account Desert (parts of Idaho, Nevada, Oregon, collection by private individuals the location, direction, magnitude, and remains a possible, but unlikely, threat. and Utah). This opportunistic grass is intensity of the event, firefighter safety able to maintain superiority over native considerations, and proximity of the fire C. Disease or Predation plants in part because it is a prolific to the plant population. If a wildfire seed producer, able to germinate in the Evidence of disease has not been autumn or spring, giving it a were to occur in the surrounding area, documented in White Bluffs competitive advantage over native protection of the White Bluffs bladderpod; however, predation of perennials, and is tolerant of increased bladderpod population may not be developing fruits and infestations on fire frequency. Cheatgrass can possible if wildfire circumstances flowering buds has been observed. outcompete native plants for water and necessitate establishing fire lines or Seed predation: Since 1996, some nutrients in the early spring, since it is response equipment staging areas predation by larval insects on actively growing when native plants are within or near the population. A developing fruits of White Bluffs initiating growth. It also completes its potential consequence of fire or any soil bladderpod has been observed. Larvae reproductive process and becomes disturbance during fire suppression of a species of Cecidomyiid fly have senescent before most native plants activities is the displacement of native been observed infesting and destroying (Pellant 1996, p. 1–2). vegetation by nonnative weedy species, flowering buds, and an unidentified An infestation of yellow starthistle which increases intraspecific insect species has been documented (Centaurea solstitialis) discovered competition for resources and increases boring small holes into young seed during 2003 within a portion of the the accumulation of fuels. When these capsules and feeding on developing White Bluffs bladderpod range was conditions occur, they contribute to ovules. However, the overall effect of mapped and treated aerially (TNC 2003, increases in wildfire frequency and these insect species on the plants or p. 67). Yellow starthistle infestations severity in a frequent fire landscape. population is not known (TNC 1998, p. can reduce wildlife habitat and forage, Accordingly, although the need for 5). Although insect predation may be a displace native plants, and reduce wildfire suppression activities near or potential threat to White Bluffs native plant and animal diversity. It within the White Bluffs bladderpod bladderpod, more thorough significantly depletes soil moisture population is unpredictable, this investigations are necessary to reserves in both annual and perennial activity is considered a potential threat determine its significance to seed grasslands, and is able to invade and to this subspecies based on the production. Accordingly, we do not coexist within cheatgrass-dominated Monument’s wildfire history (see Table consider insect predation to be a threat annual grasslands (TNC 2003, p. 55). 3). to White Bluffs bladderpod at this time. Accordingly, nonnative plants that We are unaware of any other disease or increase fuel availability for wildfires Based on the information above, the predation interactions that represent are considered an ongoing threat to specific activities discussed under potential threats to the subspecies. White Bluffs bladderpod. Factor A: The Present or Threatened Fire Suppression Activities: Fire Destruction, Modification, or D. The Inadequacy of Existing suppression activities, which often Curtailment of Its Habitat or Range Regulatory Mechanisms damage or remove native plants from present a threat to White Bluffs White Bluffs bladderpod was added to the habitat and disturb soils, could bladderpod and its habitat. These the State of Washington’s list of potentially be as damaging as the activities include landslides, invasive endangered, threatened, and sensitive wildfire itself. The Monument Fire species, wildfire, off-road vehicle use, vascular plants in 1997 (as Lesquerella Management Plan (USFWS 2001, p. 27) and potentially fire suppression tuplashensis), and is designated as briefly addresses White Bluffs activities. threatened by the Washington

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Department of Natural Resources prevention, propagation, reintroduction, roads and highways, unattended (WDNR, 2011). The WDNR Status and and Geographical Information Systems campfires, burning of adjacent Ranking System of the Washington (GIS) support to map the impact area agricultural lands and irrigation ditches, Natural Heritage Program (http:// (USFWS 2008, pp. 2–64–2–65), but does and arson. Fires of natural origin www1.dnr.wa.gov/nhp/refdesk/lists/ not prescribe mandatory conservation (lightning caused) also occur on lands stat_rank.html) identifies the State elements. Although specific actions to within and adjacent to the monument/ ranking for White Bluffs bladderpod as conserve the subspecies are not refuge (USFWS 2001, p. 171). Since (1) G4 (apparently secure globally and at identified, the plan acknowledges that wildfires are unpredictable with regard fairly low risk of extinction or protection of the population is needed, to their location and intensity, a fire elimination due to an extensive range and that management actions are management plan is necessarily and/or many populations or required to address its protection designed to be a response, rather than a occurrences, but with possible cause for (USFWS 2008, p. 3–95). regulatory strategy. The Wildland Fire some concern as a result of local recent The CCP states that fire control Management Plan for the Monument is declines, threats, or other factors); (2) S2 policies will be implemented to reduce an operational guide for managing the (imperiled and at high risk of the risk of human-caused wildland fire Monument’s wildland and prescribed extirpation in the State due to restricted (USFWS 2008, p. 4–13). The CCP also fire programs. The plan defines levels of range, few populations or occurrences, identifies strategies to mitigate the protection needed to promote firefighter steep declines, severe threats, or other potential for increased human-caused and public safety, protect facilities and factors); and (3) threatened (likely to wildfire as a result of increased resources, and restore and perpetuate become endangered within the near visitation, through informational signing natural processes, given current future in Washington if the factors educating visitors on the danger of understanding of the complex contributing to population decline or wildfire, the adverse effects of wildfire relationships in natural ecosystems habitat loss continue). on the shrub-steppe habitat, and how (USFWS 2001, p. 9). The Monument Listing the species as threatened will visitors can contribute to fire CCP also has an educational and invoke the protections under the Act, prevention. Seasonal closure of enforcement program in place that including consultation and interpretive trails through high-risk reduces the likelihood of human-caused development of a recovery plan. The areas would be established and enforced wildfires. State ranking does not provide any to mitigate the potential of visitor- An invasive plant species inventory protections, whereas Federally listing caused wildfire (USFWS 2008, pp. 4– and management plan has been the species will impose legal and 43–4–44). The CCP states that best developed by the Monument (Evans et regulatory requirements directed toward management practices and current al. 2003, entire). The plan identifies recovery. Therefore, the factors regulations that prohibit campfires, conservation targets, prevention, contributing to the species’ decline with open fires, fireworks, and other sources detection and response activities, regard to the State ranking will be of fire ignition on the Monument will be prioritization of species and sites, addressed and mitigated, over time. The adequate to prevent human-caused inventory and monitoring, adaptive State of Washington’s endangered, wildfires that could potentially result management, and several other threatened, and sensitive plant program from hunting activity (USFWS 2008, p. strategies to address invasive species. is administered through the WNHP, and 4–46). During the recovery planning Invasive species management presents was created to provide an objective process, the specific management significant management challenges basis for establishing priorities for a actions necessary to address each of the because of the Monument’s large size broad array of conservation actions threats to the species (see Table 5) will (78,780 ha) (195,000 ac), and the large (WDNR 2011, p. 2). Prioritizing be prioritized, costs will be estimated, number of documented or potential ecosystems and species for conservation and responsible parties will be invasive plant species present (Evans et offers a means to evaluate proposed identified. The recovery plan will build al. 2003, p. 5). The introduction and natural areas and other conservation on the existing conservation actions spread of invasive plant species is activities (WDNR p. 3). The WNHP is a identified in the CCP. enhanced by the existence of disturbed participant in the Arid Lands Initiative, A Spotlight Species Action Plan has lands and corridors; potential which is a public/private partnership been developed for White Bluffs introduction pathways include the attempting to develop strategies to bladderpod, which briefly describes the Columbia River, active irrigation canals, conserve the species and ecosystems subspecies and the major threats and wasteways, and impoundments, State found within Washington’s arid identifies actions to conserve the highways, and paved and unpaved landscape. The WHNP assists in subspecies (USFWS 2009). These secondary roads. In addition, recurrent identifying conservation targets, major actions include working with adjacent wildfires, powerline development and threats, and potential strategies to landowners to restore, manage, and maintenance, and slumping of the address them (WDNR 2011 p. 4). reduce threats to the population, White Bluffs continually create new The DOE does not have a rare plant installation of fencing to eliminate ORV habitats for invasive species to colonize policy that provides specific protection use, invasive species studies and (Evans et al. 2003, p. 5). for the species, and the Service manages potential eradication efforts, seed Although the Hanford Monument DOE lands where White Bluffs collection for augmentation/restoration Proclamation prohibits off-road vehicle bladderpod is found as a part of the purposes, pollinator species studies, (ORV) use, ORV use has been Hanford National Monument. A wildfire studies, and climate change documented in the publicly accessible comprehensive conservation plan (CCP) studies. However, many of these actions Wahluke Unit (where White Bluffs for the Monument has been completed have not been implemented as funding bladderpod occurs). Some of these that provides a strategy and general sources have not been identified violators enter the Monument from conservation measures for rare plants (Newsome 2011, pers. comm.). long-established access routes from that may benefit White Bluffs Numerous wildland fires occur adjacent private lands (USFWS 2002, p. bladderpod. This strategy includes annually on lands in and surrounding 17), causing physical damage to plants support for monitoring, inventory and the Monument. Many are human-caused and creating ruts in slopes that increase control of invasive species, fire resulting from vehicle ignitions from erosion (USFWS 2008, p. 3-57).

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Although ORV trespass incidents have particularly if those threats are of a quite different than average regional been documented on Monument lands, scope that affects a significant portion of changes projected by the global models and are affecting some White Bluffs the population. Therefore, based on the (Littell et al. 2009a, p. 6). Precipitation bladderpod individuals, we have no best available information, we consider uncertainties are particularly information indicating that they are White Bluffs bladderpod’s small problematic in the western United occurring with significant frequency or population size and limited geographic States, where complex topography are affecting a substantial portion of the distribution to represent an ongoing coupled with the difficulty of modeling population. The Presidential threat to the subspecies. El Nin˜ o result in highly variable climate proclamation establishing the Climate Change: Our analyses under projections (Bradley 2009, p. 197). Monument states, in part, ‘‘* * * the the Endangered Species Act include We do not know what the future Secretary of the Interior and the consideration of ongoing and projected holds with regard to climate change. Secretary of Energy shall prohibit all changes in climate. The terms ‘‘climate’’ Despite a lack of site-specific data, motorized and mechanized vehicle use and ‘‘climate change’’ are defined by the increased average temperatures and off road, except for emergency or other Intergovernmental Panel on Climate reduced average rainfall may promote a federally authorized purposes, Change (IPCC). ‘‘Climate’’ refers to the decline of the subspecies and result in including remediation purposes.’’ mean and variability of different types a loss of habitat. Hotter and drier (White House 2000, p. 3). We have no of weather conditions over time, with 30 summer conditions could increase the information that would indicate ORV years being a typical period for such frequency and intensity of fires in the trespass incidents on Monument lands measurements, although shorter or area as cheatgrass or other invasive are taking place over a large area within longer periods also may be used (IPCC plants compete for resources with White the White Bluffs bladderpod population, 2007, p. 78). The term ‘‘climate change’’ Bluffs bladderpod. However, if summer although increased enforcement could thus refers to a change in the mean or precipitation were to increase, some further reduce the likelihood of such variability of one or more measures of native perennial shrubs and grasses events. ORV use has been documented, climate (e.g., temperature or could be more competitive if they are and is more common, on private precipitation) that persists for an able to use water resources when property where the southern extent of extended period, typically decades or cheatgrass or other nonnative species the population occurs. However, there longer, whether the change is due to are dormant (Loik, 2007 in Bradley are no constraints on ORV use on natural variability, human activity, or 2009, pp. 204–205). Nevertheless, if the private property, and as such, this both (IPCC 2007, p. 78). Various types frequency, intensity, and timing of the activity on private lands is not being of changes in climate can have direct or predicted changes in climate for eastern controlled by existing regulatory indirect effects on species. These effects Washington are not aligned with the mechanisms. may be positive, neutral, or negative and phenology of White Bluffs bladderpod, As described under Factor A, they may change over time, depending the survival and reproduction of the groundwater movement from adjacent, on the species and other relevant subspecies could be threatened over up-slope agricultural activities has considerations, such as the effects of time. Although climate change caused mass-failure landslides caused interactions of climate with other represents a potential threat based on by subsurface water seepage, which is a variables (e.g., habitat fragmentation) the available information, more threat to White Bluffs bladderpod. This (IPCC 2007, pp. 8–14, 18–19). In our thorough investigations are needed to threat is greatest in the southern portion analyses, we use our expert judgment to determine the degree to which climate of the subspecies’ distribution where weigh relevant information, including change may be affecting the subspecies. irrigated agriculture is close in uncertainty, in our consideration of Conservation Efforts To Reduce Other proximity, and in several locations various aspects of climate change. Natural or Manmade Factors Affecting directly adjacent to the bluffs (Bjornstat Regional climate change modeling Its Continued Existence et al., 2009a, p. 8; Lindsey 1997, p. 12). indicates a potential threat to White No existing regulatory mechanisms Bluffs bladderpod if hotter and drier Certain conservation efforts that are address this threat. conditions increase stress on individual not described above in Factor D are plants, or increase the effects of wildfire occurring at the Monument in the E. Other Natural or Manmade Factors frequency and intensity (See discussion vicinity of the White Bluffs bladderpod, Affecting Its Continued Existence under Factor A). As described for including fencing, placement of signs Small Population Size: As stated Umtanum desert buckwheat above (see controlling human foot traffic, ongoing earlier, since 1997 to 1998 when the Factor E), the potential impacts of a invasive weed treatments, and future monitoring transects currently used changing global climate to White Bluffs planning for targeted treatments of were selected, the population has bladderpod are presently unclear. All Centaurea solstitialis (yellow ranged between an estimated low of regional models of climate change starthistle). A Monument CCP has been 9,650 plants in 2010 and an estimated indicate that future climate in the developed (USFWS 2008), which high of 58,887 plants in 2011 (see Table Pacific Northwest will be warmer than includes management and monitoring 2). Additionally, the subspecies is the past, and, together, they suggest that actions for White Bluffs bladderpod known from only a single population rates of warming will be greater in the based on the priorities of the refuge. The that occurs intermittently in a narrow 21st century than those observed in the CCP states that protection of this band (usually less than 10 m (33 ft) 20th century. Projected changes in population, and thus the species, wide) along an approximately 17-km annual precipitation, averaged over all requires that these issues be addressed (10.6-mi) stretch of the river bluffs models, are small (+1 to +2 percent), but in any management action. Long-term (Rollins et al. 1996, p. 205), and some models project an enhanced demographic monitoring was initiated approximately 35 percent of the known seasonal precipitation cycle with on this species in 1997 (USFWS 2008, range has been moderately to severely changes toward wetter autumns and p. 3–95) and periodic aerial monitoring affected by landslides. Accordingly, the winters and drier summers (Littell et al. has been undertaken by the Monument subspecies is susceptible to being 2009a, p. 1). Regional climate models since then. Other management actions negatively impacted by the activities suggest that some local changes in may include restoration of priority described in Factors A and C above, temperature and precipitation may be areas, access control, and bluff

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stabilization. There currently is a need create scenarios that potentially impact also increase the potential for impacts to for improved monitoring of White Bluffs the White Bluffs bladderpod beyond the the population related to fire response bladderpod at the northern locations, scope of the combined threats that we activities. A higher fire frequency could where access is more difficult. White have already analyzed. Threats also result in the expansion of ground Bluffs bladderpod has been germinated described in Factor A above could likely cover by invasive species, which could by Monument staff and grown in pots to increase their timing or intensity when (1) increase the cumulative risk of direct a size suitable for the first dormant combined at the same time or location. loss of plants by fire, (2) increase outplanting project, planned for Available ground fuels are increased in competition for available resources and December 2012 or January 2013 areas near the White Bluffs bladderpod. space, and (3) result in negative impacts (Newsome 2012, pers. comm.). The presence of nonnative species to pollinator species. Any additional increase the ability of wildfires to increase or reduction of these Cumulative Impacts spread (Factor A) and can amplify their cumulative threats through climate overall size (Link et al. 2010, p 1). The Cumulative Effects From Factors A change is currently unknown, but could Through E occurrence of larger fires may increase their potential to reach the White Bluffs be significant under drier annual, or Some of the threats discussed in this bladderpod population, thereby reduced seasonal, precipitation finding could interact to cumulatively impacting the species. Larger fires may conditions.

TABLE 5—SUMMARY OF THREAT FACTORS UNDER THE ESA TO WHITE BLUFFS BLADDERPOD

Factor Threat Timing* Scope* Intensity*

A ...... Wildfire ...... High ...... High ...... Moderate. Fire suppression activities ...... High ** ...... Moderate ...... High. Slope failure, landslides ...... High ...... High ...... High. Harm by recreational activities and/or ORV use ...... Moderate ...... Moderate ...... Low. Competition, fuels load from nonnative plants ...... Moderate ...... Moderate ...... Moderate. E ...... Small population size ...... Moderate ...... Low ...... Low. Limited geographic range ...... Moderate ...... Low ...... Low. Climate change ...... Unknown ...... Unknown ...... Unknown. * Timing: The extent of species’ numbers or habitat affected by the threat. Scope: The intensity of effect by the threat on the species or habitat. Intensity: The likelihood of the threat currently affecting the species. ** If avoidance is not possible due to fire direction or safety needs.

Determination the habitat by recreational ORVs, which nonnative plants is a common We have carefully assessed the best destroy plants, and the presence of occurrence post-fire in the Hanford scientific and commercial information invasive nonnative plants that compete vicinity, and will likely spread or available regarding the past, present, with White Bluffs bladderpod for increase throughout the areas that were and future threats to White Bluffs limited resources (light, water, burned during the 2007 fire that bladderpod (see Table 5). Under the Act nutrients). Additionally, the increasing occurred in the area of the existing and our implementing regulations, a presence of invasive nonnative plants population or in future events. species may warrant listing if it is may alter fire regimes and potentially As described above, White Bluffs threatened or endangered throughout all increase the threat of fire to the White bladderpod is currently at risk or a significant portion of its range. We Bluffs bladderpod population. throughout all of its range due to assessed the status of White Bluffs Fire suppression activities could ongoing threats of habitat destruction bladderpod throughout its entire range potentially be as great a threat as the fire and modification (Factor A), and other and found it to be highly restricted itself, given the location of the natural or manmade factors affecting its within that range. The threats to the subspecies on the tops of bluffs where continued existence (Factor E). survival of the subspecies occur firelines are often constructed. In Specifically, these factors include the throughout the subspecies’ range and addition, firefighting equipment and existing degradation or fragmentation of are not restricted to any particular personnel are commonly staged on ridge habitat resulting from landslides due to significant portion of that range. tops for safety and strategic purposes water seepage, invasive species Accordingly, our assessment and listing (Whitehall 2012, pers. comm.), although establishment, ORV use, wildfire, determination applies to the subspecies this has not been necessary within the potential fire suppression activities, and throughout its entire range. White Bluffs bladderpod population to potential global climate change. Most of Approximately 35 percent of the date. During a wildfire response effort in these threats are ongoing and projected known range of the subspecies has been 2007, responders were able to avoid to continue and potentially worsen in moderately to severely affected by damage to White Bluffs bladderpod the future. The population is small and landslides, resulting in an apparently habitat during suppression activities by apparently restricted to a unique permanent destruction of the habitat. limiting soil disturbance to areas geological setting, making it vulnerable The entire population of the subspecies outside a 50–100 m (164–228 ft) buffer to extinction due to threats described in is down-slope of irrigated agricultural around the population. The threats to the final rule if they are not addressed. land, the source of the water seepage the population from landslides, ORV The scope of the threat of wildfire is causing the mass-failures and use, and potentially fire suppression high, while other threats are moderate to landslides, but the southern portion of (contingent on location, safety, the low in scope (see Table 5). Because of the population is the closest to the ability to avoid, and other particulars) the limited range of the subspecies, any agricultural land and most affected. are ongoing, and will continue to occur one of the threats could affect its Other significant threats include use of in the future. In addition, invasion by continued existence at any time.

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The Act defines an endangered extinction throughout all or a significant substantially greater than in other species as any species that is ‘‘in danger portion of its range. Therefore, on the portions of their range. Therefore, we of extinction throughout all or a basis of the best available scientific and find that factors affecting Umtanum significant portion of its range,’’ and a commercial information, we are listing desert buckwheat and White Bluffs threatened species as any species ‘‘that White Bluffs bladderpod as threatened bladderpod are essentially uniform is likely to become endangered in accordance with sections 3(6) and throughout their range, indicating no throughout all or a significant portion of 4(a)(1) of the Act. portion of the range of either species warrants further consideration of its range within the foreseeable future.’’ Significant Portion of the Range possible endangered or threatened We find that White Bluffs bladderpod is Analysis for Umtanum Desert status under the Act. Therefore, we find likely to become endangered throughout Buckwheat and White Bluffs there is no significant portion of the all or a significant portion of its range Bladderpod within the foreseeable future, based on species’ range that may warrant a the immediacy and scope of the threats We evaluated the current range of different status. Umtanum desert buckwheat and White described above and, therefore, meets Available Conservation Measures for the definition of a threatened species Bluffs bladderpod to determine if there are any apparent geographic Umtanum Desert Buckwheat and White under the Act. There are no portions of Bluffs Bladderpod the species’ range where threats are concentrations of potential threats for geographically concentrated such that either species. Both species are highly Conservation measures provided to the species is in imminent danger of restricted in their ranges, and the threats species listed as endangered or extinction within that portion of its occur throughout their ranges. For threatened under the Act include range. White Bluffs bladderpod is Umtanum desert buckwheat, we recognition, the development of a primarily surrounded by Federal considered the potential threats due to recovery plan (including ownership, where the lands are wildfire, competition and fuel loads implementation of recovery actions), managed as an overlay national wildlife from nonnative plants, seed predation, requirements for Federal protection, and refuge for general conservation flower predation, small population size, prohibitions against certain practices. purposes. limited geographic range, and low Recognition through listing actions recruitment. For White Bluffs results in public awareness and The Monument CCP was developed to bladderpod, we considered the potential conservation by Federal, State, Tribal, protect and conserve the biological, threats due to wildfire, irrigation- and local agencies, private geological, paleontological, and cultural induced slope failure and landslides, organizations, and individuals. The Act resources described in the Monument harm by recreational activities and ORV encourages cooperation with the States Proclamation by creating and use, competition and fuel loads from and requires that recovery actions be maintaining extensive areas within the nonnative plants, small population size, carried out for all listed species. The Monument free of facility development and limited geographic range. We found protection measures required of Federal (USFWS 2008, p. v). Several no concentration of threats because of agencies and the prohibitions against management objectives are identified the species’ limited and curtailed certain activities involving listed that could benefit the White Bluffs ranges, and a generally consistent level wildlife are discussed in Effects of bladderpod population, including of threats throughout their entire range. Critical Habitat Designation and are treating invasive species and restoring With regard to White Bluffs further discussed, in part, below. upland habitat (USFWS 2008, pp. 19– bladderpod, although the threat of The primary purpose of the Act is the 22). The subspecies is also fairly groundwater-induced landslides affects conservation of endangered and numerous and continuous where it the species’ entire range, it is more threatened species and the ecosystems occurs over 17 km (10.6 mi); however, noticeable along the southern extent of upon which they depend. The ultimate the threats are not all acting with the population where the population goal of such conservation efforts is the uniform timing, scope, or intensity occurs closest to areas that are irrigated recovery of these listed species, so that throughout the subspecies’ distribution. for agricultural purposes. If all plants they no longer need the protective Although landslides are occurring closest to the irrigated areas were to be measures of the Act. Section 4(f) of the within approximately 35 percent of the lost, White Bluffs bladderpod would not Act requires the Service to develop and linear extent of the subspecies, plants be in danger of extinction throughout all implement recovery plans for the are persisting, at present, in some areas or a significant portion of its range. conservation of endangered and where landslides have occurred. The Plants are persisting at present in some threatened species. The recovery risk to the overall population is of the erosion-prone and eroded areas, planning process involves the proportional, as about 65 percent of the which represent approximately 35 identification of actions that are subspecies’ habitat exists at a lower risk percent of the linear extent of the necessary to halt or reverse the species’ of landslides. The remaining primary subspecies range. The plants are also decline by addressing the threats to its threats to White Bluffs bladderpod, fairly numerous and continuous along survival and recovery. The goal of this including wildfire, nonnative plants, the entire 10.6-mile section of the White process is to restore listed species to a and increased fuel loading from Bluffs where they occur. Having point where they are secure, self- nonnative plants appear to be acting determined that Umtanum desert sustaining, and functioning components with uniform magnitude, intensity, and buckwheat and White Bluffs bladderpod of their ecosystems. severity throughout the subspecies’ are threatened throughout their entire Recovery planning includes the distribution. Since a majority (85 range, we must next consider whether development of a recovery outline percent) of the subspecies’ distribution there are any significant portions of shortly after a species is listed, is on Federal lands managed as a their range where they are in danger of preparation of a draft and final recovery national wildlife refuge for conservation extinction or likely to become plan, and revisions to the plan as purposes, and refuge management plans endangered in the foreseeable future. significant new information becomes are in place to help protect and conserve We found no portion of the range of available. The recovery outline guides the subspecies, we do not believe the either species where potential threats the immediate implementation of urgent subspecies is presently in danger of are significantly concentrated or recovery actions and describes the

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process to be used to develop a recovery desert buckwheat and White Bluffs commerce. At this time, no existing plan. The recovery plan identifies site- bladderpod. Information on our grant regulatory mechanisms provide specific management actions that will programs that are available to aid protection for State-listed plants in achieve recovery of the species, species recovery can be found at: Washington, even if endangered. In measurable criteria that determine when http://www.fws.gov/grants. addition, since Umtanum desert a species may be downlisted or delisted, Please let us know if you are buckwheat occurs entirely on Federal and methods for monitoring recovery interested in participating in recovery land, and White Bluffs bladderpod progress. Recovery plans also establish efforts for Umtanum desert buckwheat occurs predominantly on Federal land, a framework for agencies to coordinate and White Bluffs bladderpod. all Monument regulations that have their recovery efforts and provide Additionally, we invite you to submit protective or conservation relevance to estimates of the cost of implementing any new information on these species either species would be applicable. recovery tasks. Recovery teams whenever it becomes available and any We may issue permits to carry out (composed of species experts, Federal information you may have for recovery otherwise prohibited activities and State agencies, nongovernmental planning purposes (see FOR FURTHER involving endangered and threatened organizations, and stakeholders) are INFORMATION CONTACT). plant species under certain often established to develop recovery Section 7(a) of the Act requires circumstances. Regulations governing plans. When completed, the recovery Federal agencies to evaluate their permits are codified at 50 CFR 17.62 for outline, draft recovery plan, and the actions with respect to any species that endangered plants, and at 50 CFR 17.72 final recovery plan will be available on is proposed or listed as endangered or for threatened plants. With regard to our Web site (http://www.fws.gov/ threatened and with respect to its endangered plants, a permit may be endangered), or from our Washington critical habitat, if any is designated. issued for the following purposes: for Fish and Wildlife Office (see FOR Regulations implementing this scientific purposes or to enhance the FURTHER INFORMATION CONTACT). interagency cooperation provision of the propagation or survival of the species. Implementation of recovery actions Act are codified at 50 CFR part 402. Regulations at 50 CFR 402.16 require generally requires the participation of a Section 7(a)(4) of the Act requires Federal agencies to reinitiate broad range of partners, including other Federal agencies to confer with the consultation on previously reviewed Federal agencies, States, Tribal, Service on any action that is likely to actions in instances where we have nongovernmental organizations, jeopardize the continued existence of a listed a new species or subsequently businesses, and private landowners. species proposed for listing or result in designated critical habitat that may be Examples of recovery actions include destruction or adverse modification of affected and the Federal agency has habitat restoration (e.g., restoration of proposed critical habitat. If a species is retained discretionary involvement or native vegetation), research, captive listed subsequently, section 7(a)(2) of control over the action (or the agency’s propagation and reintroduction, and the Act requires Federal agencies to discretionary involvement or control is outreach and education. The recovery of ensure that activities they authorize, authorized by law). Consequently, many listed species cannot be fund, or carry out are not likely to Federal agencies may sometimes need to accomplished solely on Federal lands jeopardize the continued existence of request reinitiation of consultation with because their range may occur primarily the species or destroy or adversely us on actions for which formal or solely on non-Federal lands. To modify its critical habitat. If a Federal consultation has been completed, if achieve recovery of these species action may affect a listed species or its those actions with discretionary requires cooperative conservation efforts critical habitat, the responsible Federal involvement or control may affect on private, State, and Tribal lands. agency must enter into consultation subsequently listed species or The Monument CCP (2008, p. 4–31), with the Service. designated critical habitat. Federal agency actions within the identifies several strategies that will Questions regarding whether specific species’ habitat that may require support recovery efforts, including (1) activities would constitute a violation of conference or consultation or both as continuing ongoing partnerships for section 9 of the Act should be directed described in the preceding paragraph monitoring Umtanum desert buckwheat to our Washington Fish and Wildlife and White Bluffs bladderpod include management and any other Office (see FOR FURTHER INFORMATION populations; (2) inventory and control landscape-altering activities on Federal CONTACT). Requests for copies of the of nonnative plant species; (3) lands administered by the Department regulations concerning listed animals consideration of rare plant species and of Energy, Department of Defense, U.S. and general inquiries regarding locations when planning management, Fish and Wildlife Service, Bureau of prohibitions and permits may be recreational, access, and other actions; Reclamation, Bureau of Land addressed to the U.S. Fish and Wildlife (4) wildfire prevention when possible, Management, Army Corps of Engineers, Service, Endangered Species Permits, and limiting their size; and (5) and construction and management of Eastside Federal Complex, 911 NE 11th development of propagation techniques gas pipeline and power line rights-of- Avenue, Portland, Oregon 97232–4181 for rare species for reintroductions if way by the Federal Energy Regulatory (telephone (503) 231–6158; facsimile populations go below thresholds. Commission. Once these species are listed, funding The Act and its implementing (503) 231–6243). for recovery actions will be available regulations set forth a series of general Required Determinations from a variety of sources, including prohibitions and exceptions that apply Federal budgets, State programs, and to all threatened plants. For threatened Paperwork Reduction Act of 1995 (44 cost share grants for non-Federal plants, it is unlawful to commit, to U.S.C. 3501 et seq.) landowners, the academic community, attempt to commit, to cause to be This rule does not contain any new and nongovernmental organizations. In committed, or to solicit another to collections of information that require addition, pursuant to section 6 of the commit the following acts: (1) Import or approval by the Office of Management Act, the State of Washington would be export (into, out of, or through the and Budget (OMB) under the Paperwork eligible for Federal funds to implement United States); (2) remove and reduce to Reduction Act of 1995 (44 U.S.C. 3501 management actions that promote the possession from Federal property; and et seq.). This rule will not impose protection and recovery of Umtanum (3) engage in interstate or foreign recordkeeping or reporting requirements

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on State or local governments, (2) Use the active voice to address List of Subjects in 50 CFR Part 17 individuals, businesses, or readers directly; organizations. An agency may not (3) Use clear language rather than Endangered and threatened species, conduct or sponsor, and a person is not jargon; Exports, Imports, Reporting and required to respond to, a collection of (4) Be divided into short sections and recordkeeping requirements, and information unless it displays a sentences; and Transportation. currently valid OMB control number. (5) Use lists and tables wherever Regulation Promulgation possible. National Environmental Policy Act If you feel that we have not met these Accordingly, we hereby amend part (NEPA) (42 U.S.C. 4321 et seq.) requirements, send us comments by one 17, subchapter B of chapter I, title 50 of ADDRESSES We have determined that of the methods listed in the the Code of Federal Regulations, as set environmental assessments and section. To better help us revise the forth below: rule, your comments should be as environmental impact statements, as PART 17—[AMENDED] defined under the authority of the specific as possible. For example, you National Environmental Policy Act should tell us the numbers of the sections or paragraphs that are unclearly ■ 1. The authority citation for part 17 (NEPA: 42 U.S.C. 4321 et seq.), need not continues to read as follows: be prepared in connection with listing written, which sections or sentences are a species as endangered or threatened too long, the sections where you feel Authority: 16 U.S.C. 1361–1407; 1531– under the Endangered Species Act. We lists or tables would be useful, etc. 1544; and 4201–4245, unless otherwise noted. published a notice outlining our reasons References Cited for this determination in the Federal A complete list of all references cited ■ 2. Amend § 17.12(h) by adding entries Register on October 25, 1983 (48 FR in this final rule is available on the for ‘‘Eriogonum codium’’ (Umtanum 49244). Internet at http://www.regulations.gov, desert buckwheat) and ‘‘Physaria Clarity of the Rule or upon request from the Manager, douglasii subsp. tuplashensis’’ (White Washington Fish and Wildlife Office Bluffs bladderpod) to the List of We are required by Executive Orders (see FOR FURTHER INFORMATION CONTACT Endangered and Threatened Plants in 12866 and 12988 and by the section). alphabetical order under Flowering Presidential Memorandum of June 1, Plants to read as follows: 1998, to write all rules in plain Author(s) language. This means that each rule we The primary authors of this final rule § 17.12 Endangered and threatened plants. publish must: are the staff members of the Central * * * * * (1) Be logically organized; Washington Field Office. (h) * * *

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

FLOWERING PLANTS

******* Eriogonum codium ... Umtanum desert U.S.A. (WA) ...... Polygonaceae ...... T 811 17.96(a) NA buckwheat.

******* Physaria douglasii White Bluffs U.S.A. (WA) ...... Brassicaceae ...... T 811 17.96(a) NA subsp. bladderpod. tuplashensis.

*******

Dated: April 8, 2013. Rowan Gould, Director, U.S. Fish and Wildlife Service. [FR Doc. 2013–09409 Filed 4–22–13; 8:45 am] BILLING CODE 4310–55–P

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