Vol. 77 Tuesday, No. 94 May 15, 2012

Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Status for Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs Bladderpod) and Designation of Critical Habitat; Proposed Rule

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DEPARTMENT OF THE INTERIOR comment to Docket No. FWS–R1–ES– or predation; (4) Inadequate existing 2012–0017. regulations; or (5) Other natural or Fish and Wildlife Service (2) By hard copy: Submit by U.S. mail manmade factors. The Act also requires or hand-delivery to: Public Comments that we designate critical habitat 50 CFR Part 17 Processing, Attn: FWS–R1–ES–2012– concurrently with listing [FWS–R1–ES–2012–0017: 4500030113] 0017; Division of Policy and Directives determinations, if designation is Management; U.S. Fish and Wildlife prudent and determinable. RIN 1018–AX72 Service; 4401 N. Fairfax Drive, MS We have made the following finding 2042–PDM, Arlington, VA 22203. related to these criteria: Endangered and Threatened Wildlife We request that you send comments • Umtanum desert buckwheat is and Plants; Threatened Status for only by the methods described above. threated by wildfire, nonnative plants, Eriogonum codium (Umtanum Desert We will post all information received on seed predation, small population size, Buckwheat) and Physaria douglasii http://www.regulations.gov. This limited geographic range, and low subsp. tuplashensis (White Bluffs generally means that we will post any recruitment. Bladderpod) and Designation of personal information you provide us • Critical Habitat White Bluffs bladderpod is (see the Public Comments section below threatened by wildfire, irrigation- AGENCY: Fish and Wildlife Service, for more information). induced landslides and slope failure, Interior. FOR FURTHER INFORMATION CONTACT: Ken harm by recreational activities and off- ACTION: Proposed rule. Berg, Manager, U.S. Fish and Wildlife road vehicle use, nonnative plants, Service, Washington Fish and Wildlife small population size, and limited SUMMARY: We, the U.S. Fish and Office, 510 Desmond Drive, Suite 102, geographic range. Wildlife Service, propose to list Lacey, Washington 98503–1263, by This rule proposes to designate Umtanum desert buckwheat (Eriogonum telephone (360) 753–9440, or by critical habitat for both species. codium) and White Bluffs bladderpod facsimile (360) 753–9405. Persons who • Critical habitat designation would (Physaria douglasii subsp. tuplashensis) use a telecommunications device for the not be expected to increase threats to as threatened, under the Endangered deaf (TDD) may call the Federal either species, and we have sufficient Species Act of 1973, as amended (Act). Information Relay Service (FIRS) at scientific information on both species to We are also proposing to designate 800–877–8339. determine the areas essential to their critical habitat for both species under SUPPLEMENTARY INFORMATION: conservation. Accordingly, we have the Act. In total, approximately 344 determined the designation of critical acres (139 hectares) are being proposed Executive Summary habitat is both prudent and for designation as critical habitat for Why we need to publish a rule. Under determinable. Eriogonum codium in Benton County, the Endangered Species Act (Act), a • Approximately 2,400 acres of Washington, and approximately 2,861 species may warrant protection through Federal land, 17 acres of State land, and acres (1,158 hectares) are being listing if it is endangered throughout all 419 acres of private land are being proposed for designation as critical or a significant portion of its range. We proposed as critical habitat for both habitat for Physaria douglasii subsp. are proposing to list Umtanum desert species. tuplashensis in Franklin County, buckwheat and White Bluffs bladderpod • Based on the best available Washington. We also announce the as threatened under the Act because of scientific and commercial data, we have availability of a draft economic analysis continued threats, and listing can only not identified a significant number of (DEA) of the proposed designation and be done by issuing a rule. Both species small entities that may be impacted by a required determinations section of the occur as single populations in narrow, the proposed critical habitat proposal. linear bands on bluffs above and on designation. Small entities are DATES: We will consider all comments opposite sides of the Columbia River consequently anticipated to bear a received or postmarked on or before July along the Hanford Reach in Washington relatively low cost as a result of the 16, 2012. We must receive requests for State. We are also proposing to designation of critical habitat. public hearings, in writing, at the designate critical habitat under the Act Peer Review. We will seek the expert address shown in the FOR FURTHER for both species. Critical habitat opinions of at least three appropriate INFORMATION CONTACT section by June represents geographical areas that are and independent specialists with 29, 2012. Comments submitted essential to a species’ conservation, and scientific expertise to ensure our electronically using the Federal is designated on the basis of the best determinations are based on eRulemaking Portal (see ADDRESSES scientific information available after scientifically sound data, assumptions, section, below) must be received by taking into consideration the economic and analyses. 11:59 p.m. Eastern Time on the closing impact, impact on national security, and date. any other relevant impact of specifying Information Requested ADDRESSES: Document availability: The any particular area as critical habitat. We intend that any final action draft economic analysis is available at This proposed rule also announces the resulting from this proposed rule will be http://www.regulations.gov at Docket availability of a draft economic analysis based on the best scientific and No. FWS–R1–ES–2012–0017 or by (DEA), which evaluates the potential commercial data available and be as contacting the office listed under FOR economic impacts that may be accurate and as effective as possible. FURTHER INFORMATION CONTACT. attributable to the proposed designation Therefore, we request comments or Comment submission: You may of critical habitat for both species. information from the public, other submit your comments or data The basis for our action. Under the concerned governmental agencies, concerning this proposal by one of the Act, a species may be determined to be Native American tribes, the scientific following methods: endangered or threatened based on any community, industry, or any other (1) Electronically: Go to the Federal of five factors: (1) Destruction, interested parties concerning this eRulemaking Portal: http:// modification, or curtailment of its proposed rule. We particularly seek www.regulations.gov and submit your habitat or range; (2) Overuse; (3) Disease comments concerning:

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(1) Additional information concerning the potential effects of climate change; species must be made ‘‘solely on the the historical and current status, range, and basis of the best scientific and distribution, population size, pollinators (d) What areas that are not occupied commercial data available,’’ and section and the foraging distances of these at the time of the proposed listing are 4(b)(2) directs that critical habitat species, including the locations of any essential for the conservation of the designations be made based on the best additional populations of these species. species and why. scientific data available and after (2) Any information on the biological (8) Land use designations and current consideration of economic and other or ecological requirements of these or planned activities in the area and relevant impacts. species and ongoing conservation their possible impacts on the proposed You may submit your comments and measures for these species and their critical habitat. materials concerning this proposed rule habitat. (9) Information on the projected and by one of the methods listed in (3) The factors that are the basis for reasonably likely impacts of climate ADDRESSES. We request that you send making a listing determination for a change on Umtanum desert buckwheat comments only by the methods species under section 4(a) of the Act, or White Bluffs bladderpod and the described in ADDRESSES. which are: proposed critical habitat areas. If you submit information via http:// (a) The present or threatened (10) Any probable economic, national www.regulations.gov, your entire destruction, modification, or security, or other relevant impacts of submission—including any personal curtailment of its habitat or range; designating any area that may be identifying information—will be posted (b) Overutilization for commercial, included in the final designation. We on the Web site. If your submission is recreational, scientific, or educational are particularly interested in any made via a hardcopy that includes purposes; impacts on small entities or families, personal identifying information, such (c) Disease or predation; and the benefits of including or as your address, phone number, email address, you may request at the top of (d) The inadequacy of existing excluding areas that exhibit these your document that we withhold this regulatory mechanisms; or impacts. (11) Whether any specific areas we are information from public review. (e) Other natural or manmade factors proposing for critical habitat However, we cannot guarantee that we affecting its continued existence. designation should be considered for will be able to do so. We will post all (4) Biological, commercial trade, or exclusion under section 4(b)(2) of the hardcopy submissions on http:// other relevant data concerning any Act, and whether the benefits of www.regulations.gov. Please include threats (or lack thereof) to these species potentially excluding any specific area sufficient information with your and regulations that may be addressing outweigh the benefits of including that comments to allow us to verify any those threats, as discussed in this area under section 4(b)(2) of the Act and scientific or commercial information proposed rule. why. you include. (5) Current or planned activities in the (12) Information on whether the draft Comments and materials we receive, areas occupied by Eriogonum codium or economic analysis (DEA) identifies all as well as supporting documentation we Physaria douglasii subsp. tuplashensis costs and benefits attributable to the used in preparing this proposed rule, and the possible impacts of these proposed critical habitat designation for will be available for public inspection activities on these species. For purposes each of the plants, and information on on http://www.regulations.gov, or by of this document, we will refer to any costs or benefits that we have appointment, during normal business Physaria douglasii subsp. tuplashensis overlooked. hours, at the U.S. Fish and Wildlife as ‘‘White Bluffs bladderpod’’ and (13) Information on whether the DEA Service, Washington Fish and Wildlife Eriogonum codium as ‘‘Umtanum desert makes appropriate assumptions Office (see FOR FURTHER INFORMATION buckwheat’’. regarding current practices and any CONTACT). (6) The reasons why areas should or regulatory changes likely if we designate Previous Federal Actions should not be designated as critical critical habitat. habitat as provided by section 4 of the (14) Information on whether the DEA Candidate History: Umtanum desert Endangered Species Act of 1973, as identifies all costs reasonably likely to buckwheat and White Bluffs bladderpod amended (Act) (16 U.S.C. 1531, et seq.), occur that could result from the critical (formerly Lesquerella tuplashensis) including whether there are threats to habitat designation and whether you were identified as candidates for the species from human activity, the agree with the analysis. possible addition to the Lists of degree of which the threats can be (15) Economic data on the Endangered and Threatened Wildlife expected to increase due to the incremental costs of designating any and Plants in our Annual Candidate designation, and whether that increase particular area as critical habitat. Notice of Review, published in the in threat outweighs the benefit of (16) Whether we could improve or Federal Register October 25, 1999 (64 designation such that the designation of modify our approach to designating FR 57542). Both species were given a critical habitat may not be prudent. critical habitat in any way to provide for Listing Priority number (LPN) of 5 at (7) Specific information on: greater public participation and that time; the LPN is assigned to a (a) The amount and distribution of understanding, or to better species based on the immediacy and habitat for Umtanum desert buckwheat accommodate public concerns and magnitude of threats and the species’ or White Bluffs bladderpod; comments. taxonomic status. In 1999, threats to (b) What areas occupied at the time of Please note that submissions merely both species were considered to be of the proposed listing that contain stating support for or opposition to the high magnitude, but nonimminent. features essential to the conservation of action under consideration without However, in 2002, the LPN for the species should be included in the providing supporting information, Umtanum desert buckwheat was revised designation and why; although noted, will not be considered to LPN 2, which is assigned when (c) Special management in making a determination, as section threats to a species are of high considerations or protections that may 4(b)(1)(A) of the Act directs that magnitude and imminence (67 FR be needed in critical habitat areas we determinations as to whether any 40663), based on new information are proposing, including managing for species is a threatened or endangered revealing low reproduction for the

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species. The LPN for White Bluffs and other mountain ranges located to mechanisms that are to be followed: (1) bladderpod (formerly Lesquerella the north and east. The Pacific Ocean Federal lands are withdrawn from tuplashensis) was revised to LPN 9 in moderates temperatures throughout the disposition under public land laws, 2009 (74 FR 57810), to reflect new Pacific Northwest, and the Cascade including all interests in these lands, information indicating threats were now Range generates a rain shadow that such as future mining claims; (2) off- moderate to low in magnitude and limits rain and snowfall in the eastern road vehicle use is prohibited; (3) the imminence. In 2009, the Service half of Washington State. The Cascade ability to apply for water rights is completed a Spotlight Species Action Range also serves as a source of cold air established; (4) grazing is prohibited; (5) Plan for White Bluffs bladderpod to set drainage, which has a considerable the Service and DOE (subject to certain conservation targets and identify actions effect on the wind regime on the provisions) are established as managers to achieve those targets for the next 5 Hanford Installation. Daily maximum of the Monument; (6) a land years. This plan can be found on the temperatures vary from an average of 1.7 management transfer mechanism from Service’s Web site at: http://www.fws. °Celsius (C) (35 °Fahrenheit (F)) in late the DOE to the Service is established; (7) gov/ecos/ajax/docs/action_plans/ December and early January, to 36 °C cleanup and restoration activities are doc3090.pdf. The 2011 Notice of (96 °F) in late July. The Hanford Reach assured; and (8) existing rights, Review, published October 26, 2011 (76 is generally quite arid, with an average including tribal rights, are protected. FR 66370), included Umtanum desert annual precipitation of 16 centimeters All lands included in the Monument buckwheat and White Bluffs (cm) (6.3 inches (in)). The relative are Federal lands under the primary bladderpod; both species have been humidity at the Hanford Reach is jurisdiction of the DOE. Approximately maintained as candidates since 1999. highest during the winter months, 66,660 ha (165,000 ac) are currently Petition History: A petition requesting averaging about 76 percent, and lowest managed as an overlay refuge by the that Umtanum desert buckwheat, White during the summer, averaging about 36 Service through agreements with the Bluffs bladderpod, and several other percent. Average snowfall ranges from DOE. Overlay refuges exist where the species be listed under the Act was 0.25 cm (0.1 in) in October to a Service manages lands for the benefit of received on May 4, 2004 (Center for maximum of 13.2 cm (5.2 in) in fish and wildlife resources, but is not Biological Diversity et al. [CBD] 2004, December, decreasing to 1.3 cm (0.5 in) the primary holder in fee title of lands pp. 49, 100). On July 12, 2011, the in March. Snowfall accounts for about forming the refuge (Service 2008, p. 1– Service filed a multiyear work plan as 38 percent of all precipitation from 7). Because the Monument is part of a proposed settlement agreement December through February (USFWS administered as a component of the with Center for Biological Diversity 2008, pp. 3.8–3.10). National Wildlife Refuge System, the (CBD) and others in a consolidated case The Hanford Reach National legal mandates and policies that apply in the U.S. District Court for the District Monument/Saddle Mountain National to any national wildlife refuge apply to of Columbia. The settlement agreement Wildlife Refuge (Monument), which the Monument. The Proclamation was approved by the court on includes approximately 78,780 hectares directs the DOE and the Service to September 9, 2011, and will enable the (ha) (195,000 acres (ac)), contains much protect and conserve the area’s native Service to systematically review and of the Hanford Reach of the Columbia plant communities, specifically address the conservation needs of more River. All of the land is owned by the recognizing the area’s biologically than 250 species, over a period of 6 Department of Energy (DOE) and was diverse shrub steppe ecosystem years, including Umtanum desert formerly part of the 145,440-ha (USFWS 2008, pp. 1.21, 3.5). The DOE buckwheat and White Bluffs (360,000-ac) Hanford installation. The manages approximately 11,716 ha bladderpod. Hanford installation was established by (29,000 ac) of land within the the U.S. Government in 1943 as a Monument and retains land surface Background national security area for the production ownership or control on all Monument It is our intent to discuss only those of weapons grade plutonium and acreage. Thus, the Service and DOE topics directly relevant to the proposed purification facilities. For more than 40 have joint management responsibility listing and critical habitat designations years, the primary mission at Hanford for the Monument. for Umtanum desert buckwheat and was associated with the production of The parcel of land containing White Bluffs bladderpod in this nuclear materials for national defense. Umtanum desert buckwheat is on part proposed rule. A summary of topics However, large tracts of land were used of what was historically called the relevant to this proposed rule is as protective buffer zones for safety and McGee Ranch, a historical homestead provided below. Additional information security purposes and remained area of more than 364 ha (900 ac) within on both species may be found in the undisturbed. the greater Hanford installation. Candidate Notice of Review, which was The Hanford Reach National Management of this parcel has been published October 26, 2011 (76 FR Monument was established by retained by DOE due to unresolved 66370). Presidential Proclamation in June 2000, issues with contaminants. This is to connect these tracts of land, expected to be resolved over time, and Geography, Climate, and Landscape protecting the river reach and the largest management conveyed to the Setting remnant of the shrub steppe ecosystem Monument, since this area is not Umtanum desert buckwheat and in the Columbia River Basin. The essential to the operation of the Hanford White Bluffs bladderpod are found only Hanford Reach National Monument facility. Umtanum desert buckwheat on the Hanford Reach of the Columbia Proclamation identifies several and White Bluffs bladderpod both occur River, the last free-flowing stretch of the nationally significant resources, in narrow, linear bands on bluffs above Columbia River within U.S. borders. including a diversity of native plant and and on opposite sides of the Columbia The Hanford Reach lies within the semi- animal species, including rare and River. The populations are arid shrub steppe Pasco Basin of the sensitive plant species such as approximately 15 kilometers (km) (9 Columbia Plateau in south-central Umtanum desert buckwheat and White miles (mi)) apart, and although Washington State. The region’s climate Bluffs bladderpod (USFWS 2008, p. 1– relatively near to each other, their is influenced by the Pacific Ocean, the 4). The Proclamation also sets forth habitat has a widely disparate geologic Cascade Mountain Range to the west, specific management actions and history and subsequent soil

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development. These conditions create local hills and ridges, including east (cheatgrass), Phacelia linearis unique habitats and substrates that Umtanum Ridge, where Umtanum (threadleaf phacelia), Gilia leptomeria support these and other rare endemic desert buckwheat occurs. This type of (sand gilia). G. inconspicua var. sinuata plants (see Species Information landform in the Columbia Basin is (shy gilia), Camissonia minor (small sections) within the Hanford Reach. determined by the underlying basalts, evening primrose), and Cryptantha which may be exposed above the soil on pterocarya (wingnut cryptantha). Species Information ridge tops or where wind and water Historical Range/Distribution Umtanum Desert Buckwheat erode the fine soils away (Sackschewski and Downs 2001, p. 2.1.1). The only known population of Umtanum desert buckwheat is a long- The Lolo Flow contains higher Umtanum desert buckwheat occurs lived, woody perennial plant that forms titanium dioxide and lower iron oxide along the top edges of the steep slopes low mats. Individual plants may exceed than the neighboring Rosalia Flow, also on Umtanum Ridge, a wide mountain 100 years of age, based on counts of of the Priest Rapids Member. The flow ridge in Benton County, Washington, annual growth rings on cross sections of top material commonly has a high where it has a discontinuous recently dead plants. Growth rates are porosity and permeability and has distribution along a narrow (25–150 m also extremely slow, with stem weathered to pebble and gravel-sized (82–492 ft) wide by 1.6 km (1 mi) long) diameters increasing an average of only pieces of vesicular basalt (Reveal et al. portion of the ridge (Dunwiddie et al. 0.17 millimeters (mm) (0.007 in) per 1995, p. 354). This basalt typically 2001, p. 59). The species was discovered year (The Nature Conservancy (TNC) contains small (<5 mm (0.2 in)) crystals in 1995 (Reveal et al. 1995, p. 354), and 1998, p. 9; Dunwiddie et al. 2001, p. 62). of the mineral olivine and rare clusters there are no records of any collections A detailed description of the identifying of plagioclase crystals (Reidel and Fecht prior to that year. characteristics of Umtanum desert 1981, pp. 3–13). It is unknown if the buckwheat is found in Reveal et al. close association of Umtanum desert Current Range/Distribution (1995, pp. 350–351). Umtanum desert buckwheat with the lithosols of the Lolo It is unknown if the prehistorical buckwheat is State-listed as Flow is related to the chemical distribution of Umtanum desert Endangered, with a G1 (i.e., critically composition or physical characteristics buckwheat was different than the imperiled world-wide, and particularly of the bedrock on which it is found, or species’ current distribution, but it is vulnerable to extinction) global ranking a combination of factors not currently likely the species has been confined to and an S1 (i.e., critically imperiled understood (Reveal et al. 1995, p. 354). this location during at least the last 150 State-wide, and particularly vulnerable Preliminary counts indicate that seed years, as annual growth ring counts to extinction) State ranking (WDNR set occurs in approximately 10 percent from fire-killed plants revealed 2011a, p. 5). of flowers observed, potentially limiting individual ages in excess of 100 years. Taxonomy reproductive capacity. Based on a Individual plants with greater stem pollinator exclusion study (Beck 1999, diameters (and, therefore, presumably In 1995, Florence Caplow and pp. 25–27), the species is probably older) are present, which supports the Kathryn Beck resumed large-scale rare capable of at least limited amounts of 150-year minimum locality occupation plant surveys on the Hanford Site that self-pollination, although the percentage estimate. were initiated in 1994 by TNC and the of seed set in the absence of pollinators DOE, as part of the Hanford Biodiversity appears to be low. A variety of insect Population Estimates/Status Project. Two previously undescribed pollinators were observed on Umtanum The only known population of plant taxa were discovered, including desert buckwheat flowers, including Umtanum desert buckwheat was fully Umtanum desert buckwheat (Caplow ants, beetles, flies, spiders, moths and censused (an accounting of the number and Beck 1996, p. 5). The species was butterflies (TNC 1998, p. 8). Wasps from of all individuals in a population) in fully described in Reveal et al. (1995) the families Vespidae and Typhiidae 1995, 1997, 2005, and 2011 (see Table and has retained the current and a wasp from the species Criosciolia 1). In 1995, researchers counted 4,917 nomenclature unchallenged since that have been observed in the vicinity of living individual plants, and in 1997, time. Umtanum desert buckwheat is Umtanum desert buckwheat, but not on researchers counted 5,228 individuals recognized as a distinct species, and the plant itself. A bumble bee, Bombus (Dunwiddie et al. 2001, p. 61). The 1995 there is no known controversy centralis, has been observed utilizing census was ‘‘roughly counted’’ (Beck concerning its taxonomy. flowers of Umtanum desert buckwheat 1999, p. 3) (i.e., there was a greater Habitat/Life History plants by Washington Department of degree of estimation), while the 1997 Natural Resources (WDNR) specialists count was more precise. In addition, the Umtanum desert buckwheat was (Arnett 2011b, pers. comm.). 1995 count may have overlooked an discovered in 1995 during a botanical Common perennial plant associates of isolated patch with 79 plants to the east survey of the Hanford installation Umtanum desert buckwheat include that was discovered in 2011. It is not (Reveal et al. 1995, p. 353), and is found Artemisia tridentata (big sagebrush), uncommon for estimated population exclusively on soils over exposed basalt Grayia spinosa (spiny hopsage), counts to be substantially lower than from the Lolo Flow of the Wanapum Krascheninnikovia lanata (winterfat), precise counts (Arnett 2011a, pers. Basalt Formation. As the basalt of the Eriogonum sphaerocephalum (rock comm.). Lolo Flow weathers, a rocky soil type is buckwheat), Salvia dorrii (purple sage), formed that is classified as lithosol, a Hesperostipa comata (needle and TABLE 1—UMTANUM DESERT BUCK- term describing the well-drained, thread), Pseudoroegneria spicata WHEAT POPULATION COUNTS 1995– shallow, generally stony soils over (bluebunch wheatgrass), Poa sandbergii bedrock (Franklin and Dyrness 1973, p. (Sandberg’s wheatgrass), Sphaeralcea 2011 347), and talus slopes associated with munroana (Munro’s Globemallow), Total plants eroding outcrops and cliffs. These cliffs Astragalus caricinus (buckwheat Census year counted (scarps), and loose rock at the base of milkvetch), and Balsamorhiza careyana cliffs or on slopes (defined as scree) are (Carey’s balsamroot). Common annual 1995 ...... 4,917 found along the crests and slopes of associates include Bromus tectorum 1997 ...... 5,228

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TABLE 1—UMTANUM DESERT BUCK- recruitment of plants, although evidence Summary of Factors Affecting the WHEAT POPULATION COUNTS 1995– of such could have been obscured by the Species 2011—Continued variable growth rates of the plants. Section 4 of the Act (16 U.S.C. 1533), Populations of long-lived species with and its implementing regulations at 50 Census year Total plants low adult mortality can survive with CFR part 424, set forth the procedures counted relatively low recruitment rates (Harper for adding species to the Federal Lists 1977 in Dunwiddie et al. 2001, p. 67). 2005 ...... 4,408 of Endangered and Threatened Wildlife 2011 ...... 5,169 Further, the survival of a few seedlings and Plants (Lists). Under section 4(a)(1) each year may be sufficient to replace of the Act, we may list a species based After a 1997 wildfire burned through the occasional adult that dies, or on any of the following five factors: (A) a portion of the population, a alternatively, an occasional bumper The present or threatened destruction, subsequent count found 5,228 living crop of seedlings surviving to maturity modification, or curtailment of its and 813 dead individual plants. A during several favorable years may habitat or range; (B) overutilization for minimum of 75 percent of the 813 dead ensure the long-term survival of the commercial, recreational, scientific, or individual plants observed died as a population (Dunwiddie et al. 2001, educational purposes; (C) disease or direct result of the fire (Dunwiddie et al. p. 67). However, no demographic data predation; (D) the inadequacy of existing regulatory mechanisms; and (E) 2001, p. 61). No survival or resprouting supported either of these scenarios for other natural or manmade factors was noted in fire-killed plants in this species (Dunwiddie et al. 2001, affecting its continued existence. Listing following years. Because a more p. 67). accurate count was used to derive the actions may be warranted based on any number of dead individual plants (Beck An unpublished draft population of the above threat factors, singly or in 1999, p. 3), this total represents a fairly viability analysis (PVA) was recently combination. Individual analyses of the precise measure of the impact of the completed by Thomas Kaye (2007, p. 5), above factors have been completed for 1997 wildfire on Umtanum desert based on 9 years of demographic data. both Umtanum desert buckwheat and buckwheat (Arnett 2011a, pers. comm.), A PVA is a quantitative analysis of White Bluffs bladderpod and are although it is likely some plants were population dynamics, with the goal of discussed below. totally consumed by the fire and thereby assessing the risk of extinction of a Umtanum Desert Buckwheat unidentifiable. species. The 2007 study, which took In 2005, researchers reported 4,408 into account observed environmental A. The Present or Threatened living plants (Caplow 2005, p. 1), which variability, determined there was little Destruction, Modification, or represents a 15 percent decline in the or no risk of a 90 percent population Curtailment of Its Habitat or Range population over an 8-year period. decline within the next 100 years; an Caplow and Beck (1996, pp. 40–41) However, this result likely reflects some approximate 13 percent chance of a and other studies indicate that threats to variability in how the census was decline of 50 percent over the next 50 Umtanum desert buckwheat and its performed over the years since the years; and a 72 percent chance of a 50 habitat are primarily due to wildfire and species was discovered in 1995. On July percent decline within the next 100 associated firefighting activities (Beck 12, 2011, a complete population census years. The PVA concluded the decline 1999, pp. 27–29; Dunwiddie et al. 2001, was conducted, which recorded 5,169 is gradual, consistent with the decline p. 66). The invasion of nonnative plants living individuals. This was somewhat that increase the availability of wildfire noted by Caplow (2005, p. 1) between higher than average, which could be fuel sources is also a threat, as discussed 1997 and 2005, and will likely take attributable to a more thorough census, below. Livestock trespassing, the identification of plant clusters not several decades to impact the prospecting, and off-road vehicle use previously documented, and the population (Kaye 2007, p. 7). Although represent potential threats, which recording of larger clumps as containing census data indicates more individuals appear to be presently reduced because more than one individual plant. These in 2011 compared to the number of of improved boundary integrity, access clumps were likely counted as individuals in 1995 and 2005, this controls, fencing, and enforcement. individual plants in previous counts increase likely reflects some variability Below is a detailed discussion of these (Arnett 2011a, pers. comm.). in how the census was performed. The threats and their potential effects on Demographic monitoring of the largest inflorescence for Umtanum desert survival and recovery of the species. subpopulation within the main buckwheat consists of a cluster of Wildfire: Fire may be the primary population, commenced in 1997, and flowers arranged on a main stem or threat to Umtanum desert buckwheat, demonstrated an average 2 percent branch. As stated earlier, the fact that and it is likely to become an even annual mortality of adult flowering the 2011 census was somewhat higher greater threat if the frequency or severity plants. During the 9 years of monitoring, than previous plant counts may be of fires increases (TNC 1998 p. 9; only 4 or 5 seedlings have been attributable to the identification of plant Dunwiddie et al. 2001, p. 62). Prior to observed to survive beyond the year of clusters not previously documented, or manmade disturbances (livestock their germination (Kaye 2007, p. 5). individually counting plants present in grazing, introduction of exotic species, Since 2007, the demographic plant clusters (rather than counting the and farming), the historic fire regime monitoring plots continue to reflect cluster itself as one plant) (Arnett 2011a, was a 32- to 70-year fire return interval population declines and minimal pers. comm.). Since 1995, numerous of small, high-intensity fires that recruitment (Arnett 2011b, pers. surveys have been conducted at other removed small patches of the fire- comm.). Dunwiddie et al. (2001, p. 67) locations within the lower Columbia intolerant shrub overstory. Small, documented a lack of plants in the infrequent fires maintained bunchgrass River Basin, within every habitat that smallest size classes and the absence of openings within the shrub-steppe appears to be suitable for Umtanum any seed survival over 1 year. Their data habitat, providing for both shrub and did not indicate any spikes or gaps in desert buckwheat. However no other grassland communities. The historic fire the size distribution of plants that might populations or individuals have been regime has been significantly altered by reflect years of unusually high or low found. sociopolitical and economic factors.

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After the 1900s, human activities In mid-August 1984, approximately p. 62). The fire was most severe where interrupted the natural fire interval and 80,800 ha (200,000 ac) both on and off vegetative cover was dense and less patterns of burning. Agricultural the Hanford Site were burned in a fire severe on thinner soils supporting little development and livestock grazing that expanded westward 20 miles or no vegetation. Shrub and grass fuels reduced the light fuels that would during a 24-hour period. The 1984 fire on parts of the ridge are sparse, and the normally carry a fire; livestock grazing was initiated by a lightning strike on fire was patchy in the area where also had the effect of suppressing native private land (DOE 2000, p. 3–1). During Umtanum desert buckwheat is located bunchgrasses and allowing nonnative the summer of 1997, a fire escaped from (Newsome 2011, pers. comm.). In late invasive species (e.g., Bromus tectorum the Yakima Training Center (U.S. July 1998, a wildfire triggered by a (cheatgrass)) and native sagebrush Department of the Army) and traveled lightning strike burned approximately densities to increase (USFWS 2008, down the ridge occupied by Umtanum 2,828 ha (7,000 ac) before it was p. 3–15). Cheatgrass competes with desert buckwheat. The fire burned on all contained (DOE 2000, p. 3–1). From Umtanum desert buckwheat for space sides and partially through the 2001 to 2011, there have been 84 and moisture. In turn, the establishment population, which caused considerable wildfire incidents documented, and growth of highly flammable mortality of adult plants (Dunwiddie et affecting approximately 38,164 ha (94, cheatgrass increases the likelihood of al. 2001, p. 60). It was conservatively 460 ac) of lands within the Hanford fire, potentially further negatively (or estimated that at least 10–20 percent of Reach National Monument and Saddle adversely) impacting the Umtanum the population may have been killed by Mountain National Wildlife Refuge (see desert buckwheat population. the fire event (Dunwiddie et al. 2001, Table 2).

TABLE 2—WILDFIRE HISTORY, HANFORD MONUMENT LANDS, HANFORD REACH/SADDLE MOUNTAIN NATIONAL WILDLIFE REFUGE

Number of Hectares Year fires Acres 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 recruitment, and the increase in rocky soils above steep-slopes, where to be intolerant of fire, and plants were cheatgrass on the site following the fire. fire lines and firefighting equipment easily killed. Even plants that were Cheatgrass plants tended to cluster with would tend to be concentrated singed but not visibly charred appeared Umtanum desert buckwheat plants, (Whitehall 2012, pers. comm.; Newsome to be negatively affected, and many died likely increasing their flammability 2011, pers. comm.). Although fire the year following the fire. The fire did (Dunwiddie et al. 2001, pp. 62, 67). suppression activities did not take place not stimulate vigorous new growth on Mortality from the fire occurred within the Umtanum desert buckwheat established plants or sprouting from the primarily among plants growing where population in response to the 1997 fire, plants’ root crowns, which is sometimes associated vegetation was more the surrounding area is at high risk of observed with other species. In abundant, thereby providing fuel to wildfire from human and natural addition, there was no apparent flush of carry the fire. After the fire, a reduction (lightning) ignition sources. The seedlings the following spring. Based on in native plant diversity and loss of Service’s fire program statistics (see this lack of regeneration, or resprouting shrub components were also observed Table 2) indicate a recurrence of from burned plants, the species does not in areas adjacent to the population. wildfire events within Monument lands, appear to be fire-tolerant (Dunwiddie et Based on the best available information, which would be anticipated to continue. al. 2001, p. 66). Due to the intensity of wildfire represents an ongoing threat to The 2001 Hanford Reach Wildlife Fire the fire in some areas, many plants were Umtanum desert buckwheat. Management Plan prescription for this entirely consumed and no traces Fire Suppression Activities: In area states that ‘‘except on existing remained that could be definitively addition to wildfire itself, fire roads, the use of any equipment identified, which led researchers to suppression activities could present a (including light engines) within 1⁄4 mile believe that the total impact of the 1997 threat to the species if they were to of the escarpment edge of the Umtanum fire on the population was likely to have occur within the population, since this Ridge is prohibited because of surface been considerably higher than the 813 species appears to be highly sensitive to instability and potential for sloughing at plants documented. The long-term any physical damage (see discussion the escarpment. Protection of sensitive impact of the fire to the population is under off-road vehicles below). The resources is an objective unless unknown, but may be significant given Umtanum desert buckwheat population achieving this objective jeopardizes the slow growth rates, minimal is located on a flat natural fire break of either firefighter or public safety’’

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(USFWS 2001, p. 36). Accordingly, if a some of the damaged plants (5 ft) in diameter and 1.2 m (4 ft) deep wildfire were to occur in the subsequently died (TNC 1998, p. 62). occur throughout the area occupied by surrounding area, protection of the This threat appears to have been the species (Caplow 2005, pers. comm.), Umtanum desert buckwheat population reduced since direct access to the site although their age is uncertain. Some may not be possible if fire direction and has been gradually fenced off over time, may predate 1943, when the DOE firefighter/public safety considerations the site has been marked with acquired the land as part of the Hanford were to necessitate establishing fire prohibited entry signage, and consistent installation, and others may reflect more lines or response equipment staging enforcement is taking place. Although recent activity. Continuation of this areas within or near the population. unauthorized access is prohibited, there activity could threaten a large portion of Although the need for wildfire is a potential for trespass since an open the Umtanum desert buckwheat suppression activities near or within the road is located approximately 0.5 km population by trampling, uprooting, or Umtanum desert buckwheat population (0.3 mi) (slope distance) below the burial of plants during these activities. is unpredictable, this activity is population through lands commonly Although prospecting could be a threat, considered a potential threat to this used for recreation. However, a fence is it has not been observed since the species based on the Monument’s present between the road and the species discovery in 1995, likely wildfire history (see Table 2). Umtanum desert buckwheat population, because of increased boundary integrity, Nonnative Plant Fuel Sources: which should further discourage ORV or improved fencing, restrictive signage, Another potential consequence of fire hiker trespass incidents. Based on the and enforcement. We have no and other disturbances that remove available evidence, we have no information that would indicate there native plants from the shrub steppe substantive information that would has been any recent prospecting or other communities of eastern Washington is indicate ORV or hiking activities unauthorized entry into the site. the displacement of native vegetation by represent ongoing threats to the species, Therefore, based on the available nonnative weedy species, particularly provided current security and boundary evidence, we have no substantive cheatgrass. As a result of the 1997 fire, integrity efforts are maintained. We will information that would indicate a higher percent cover of weedy plant continue to monitor these activities as prospecting activities represent an species, including cheatgrass, has additional information becomes ongoing threat to the species. We will become established within and around available. continue to investigate this possibility the Umtanum desert buckwheat Livestock: There could be a potential as additional information becomes population. Wildfire raises the percent threat of trampling to Umtanum desert available. cover of weedy species, thereby buckwheat if livestock were to escape Based on the information above, we increasing the availability of ground from a pasture area on China Bar, find that specific activities discussed fuels, which enhances the ability to approximately 0.4 km (0.25 mi) (slope under Factor A: The Present or carry wildfire across the landscape into distance) below the population, Threatened Destruction, Modification, previously fire-resistant cover types, although this has not been observed or or Curtailment of Its Habitat or Range including habitat for Umtanum desert documented to date. If it were to occur, present a threat to Umtanum desert buckwheat. Accordingly, nonnative it could impact the species by direct buckwheat and its habitat. These weedy species represent an ongoing means such as crushing and mortality include wildfire, nonnative plant fuel threat to the species. through grazing, and indirect means, sources, and potentially wildfire Off-road Vehicles and Hikers: There including soil disturbance, compaction, suppression activities. Trespassing by have been incidences of trespassing by and importation of invasive species by off-road vehicles, hikers, and mineral off-road vehicles (ORVs) and hikers in seed carried on the body or through prospectors are not considered ongoing the vicinity of and within the Umtanum feces. In addition, areas disturbed by threats at this time, based on permit desert buckwheat population (Caplow livestock could increase bare soil areas, requirements, access restrictions, 2005, pers. comm.). The open cliff edge making them more suitable for the boundary fencing, signage, and where the plants grow is an attractive establishment of invasive plant species. enforcement actions that are in effect for place for human traffic because of the This potential threat has been reduced the area where this population occurs. compact substrate, sparse vegetative under the terms of a Department of cover, and the view overlooking the Energy (DOE) permit issued to the B. Overutilization for Commercial, Columbia River. In 2004 and 2005, the rancher that conducts the seasonal Recreational, Scientific, or Educational Bonneville Power Administration (BPA) pasturing operations. The DOE permit Purposes reopened and improved a steep road on restricts the seasonal movement of The regulations at 50 CFR 27.51 the top of the ridge from the substation livestock between pastures by way of a prohibit collecting any plant on any on China Bar below. The road was then paved road directly below the Umtanum national wildlife refuge without a passable to 2-wheel drive vehicles and desert buckwheat population (Hathaway special use permit. Evidence of up until the summer of 2005, was 2001, pers. comm.). In addition, there is overutilization has not been inadequately fenced and gated to a fence between the paved road and the documented since the discovery of prevent trespass (Caplow, pers. com. population. Based on the available Umtanum desert buckwheat in 1996. In 2005). The entire known population evidence regarding permit requirements order to maintain a secure source for exists within a narrow corridor where and boundary integrity, we have no seed and provide some assurance of human traffic could be expected to substantive information indicating maintaining the genome of Umtanum concentrate. Umtanum desert livestock trespass represents an ongoing desert buckwheat over time, Berry buckwheat plants are easily damaged by threat to the species. However, we will Botanic Garden in Portland, Oregon, has trampling or crushing by ORVs, appear continue to investigate this possibility collected and stored several seed to be less resilient following such as additional information becomes accessions for the species. The facility damage, and are very slow to recover if available. currently has 401 seeds that were capable of recovering at all. Within 2 Prospecting: Prospecting by rock collected in 1997, and 1,108 seeds days of being run over by trespassing collectors was initially thought to be a collected in 2001 and 2002 from an dirt bikes, portions of damaged plants potential threat to Umtanum desert unknown number of plants (Gibble showed signs of further decline, and buckwheat. Excavations up to 1.5 m 2011, pers. comm.). Based on a thorough

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accounting of all activities on the site by was no evidence of mutilation or species. As fires become larger, the researchers and DOE, there is no consumption of the flower structure opportunity for seed dispersal is also evidence that commercial, recreational, (Arnett 2011c, pers. comm.). As stated increased as nonnative species invade scientific, or educational use of this earlier, no Umtanum desert buckwheat burned areas. Nonnative species like species is occurring at a level that seedlings have been observed cheatgrass can be dispersed in several would threaten the population. Based successfully germinating or becoming ways, including long-distance dispersal on our review of the best available established near ant colonies. Because facilitated by humans and animals. The scientific and commercial information, seed predation and the removal of barbed florets are ideally adapted to we find that overutilization for flowering structures could significantly being picked up by clothing, feathers, commercial, recreational, scientific, or reduce the reproductive potential of the and fur. Seeds can also be dispersed by educational purposes is not now a threat species, which is already in gradual machinery or vehicles. Animals may to Umtanum desert buckwheat or in any decline based on the results of the PVA, carry cheatgrass seed in their feces and portion of its range, or likely to become we consider these activities to be hooves, and seed-caching rodents and a significant threat in the future. ongoing threats to Umtanum desert harvester ants can disperse seeds buckwheat. We are unaware of any intermediate distances through caching C. Disease or Predation other disease or predation interactions activity. Cropland, particularly fields of Evidence of disease has not been that represent potential threats to this winter wheat and dryland hay, may also documented in Umtanum desert species. be potential seed sources to nearby buckwheat; however, predation of seeds natural areas and rangelands, as D. The Inadequacy of Existing by ants and removal of flower heads by cheatgrass is a common weed in these Regulatory Mechanisms an unknown species has been observed crops (http://www.fs.fed.us/database/ by researchers during demographic Umtanum desert buckwheat is feis/plants/graminoid/brotec/all.html). monitoring trips. designated as endangered under the The threat of nonnative invasive species Researchers from The Nature State of Washington’s list of does not appear to lend itself to Conservancy observed western harvester endangered, threatened, and sensitive abatement through regulatory ants (Pogonomyrmex occidentalis), a vascular plants (WDNR 2011a, p. 5). The mechanisms, because of the many ways common native species, gathering State of Washington’s endangered, for cheatgrass and other nonnative mature achenes (seeds) of Umtanum threatened, and sensitive plant program species to become established in an desert buckwheat plants and is administered through the Washington area. Accordingly, we do not believe transporting them to their underground Natural Heritage Program (WNHP), nonnative species represent a threat that colonies (Dunwiddie et al. 2001, p. 66). which was created to provide an is susceptible to elimination by Ants have also been observed discarding objective basis for establishing priorities regulatory mechanisms. the inedible remains of achenes above for a broad array of conservation actions The Hanford Fire Department ground, near the colony. Evidence of (WDNR 2011b, p. 2). Prioritizing maintains four fire stations on the seed predation by ants was commonly ecosystems and species for conservation Hanford Reservation (USFWS 2001, observed by different researchers offers a means to evaluate proposed Appendix D, p. 74). The Service and the between 1999 and 2004 in numerous natural areas and other conservation Hanford Fire Department have entered locations, although it has not been activities (WDNR 2011b, p. 3). The into a cooperative agreement under observed on Umtanum desert WNHP is a participant in the Arid which either organization can provide buckwheat in recent years (Arnett Lands Initiative, which is a public/ firefighting support (USFWS 2001, 2011c, pers. comm.). The percentage of private partnership attempting to Appendix D, p. 75) on lands under the achenes consumed by ants and other develop strategies to conserve the jurisdiction or responsibility of the insects, and the degree of impact this species and ecosystems found within other party (DOE 2011, p. 84). The activity may be having on the available Washington’s arid landscape. The concept of closest forces is the guiding seed bank is unknown, although no WNHP assists in identifying principle of initial attack suppression. Umtanum desert buckwheat seedlings conservation targets, major threats and This agreement does not provide have been observed successfully potential strategies to address them specific conservation measures for the germinating or becoming established (WDNR 2011b, p. 4). The DOE does not protection of Umtanum desert near ant colonies. Ant predation of have a rare plant policy that provides buckwheat, but does acknowledge the seeds has been shown to be a significant specific protection for the species, and presence of plants unique to the site. factor in the viability of at least one presently retains management The objective for this area states that other rare Eriogonum taxon (Eriogonum responsibility for the lands where ‘‘except on existing roads, the use of any umbellatum var. torreyanum (sulfur Umtanum desert buckwheat occurs. equipment (including light engines) flower buckwheat)) (TNC 1998, p. 9). Once contaminant issues are resolved in within 1⁄4 mile of the escarpment edge Because ants have been observed this area, management responsibility of the Umtanum Ridge is prohibited moving on and between flowers, they will be conveyed to the Service, as a because of surface instability and may also be contributing to the part of the Hanford Reach National potential for sloughing at the pollination of Umtanum desert Monument. escarpment. Protection of sensitive buckwheat. Whether seed predation by Agricultural development and resources is an objective unless ants is a significant threat to the species livestock grazing reduced the light fuels achieving this objective jeopardizes based on its current demographic status, that would normally carry a fire, and either firefighter or public safety’’ or to what degree the threat is offset by allowed nonnative invasive species like (USFWS 2001, p. 36). potential benefits of pollination is cheatgrass to increase (USFWS 2008, Numerous wildland fires occur unclear. During the 2011 census of p. 3–15). The establishment of highly annually on lands in and surrounding Umtanum desert buckwheat, numerous flammable cheatgrass within the the Hanford Reach National Monument/ flower heads that had been clipped off Umtanum desert buckwheat population Saddle Mountain National Wildlife and were lying on top of or very near increases competition for space and Refuge. Many are human-caused the plants were observed. The species moisture, and the likelihood that a resulting from vehicle ignitions from responsible is unknown, although there wildfire could negatively impact the roads and highways, unattended

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campfires, burning of adjacent Command Wildfire (discussed in Factor and in 2005, which was preceded by a agricultural lands and irrigation ditches, A above) charred nearly 66,256 ha dry winter, no germination was and arson. Fires of natural origin (164,000 ac) of land both on and off the observed (Caplow 2005, p. 3). (lightning caused) also occur on lands Hanford site, even though the Hanford The lack of establishment and within and adjacent to the monument/ Fire Department arrived on scene survival of seedlings is a threat, as few refuge (USFWS 2001, p. 171). Since approximately 20 minutes after the plants are becoming established as wildfires are unpredictable with regard incident was reported. At that time the replacements for plants that die. Several to their location and severity, a fire fire was approximately 4 ha (10 ac) in factors may be responsible, such as management plan is necessarily size (DOE 2000, pp. ES–2–ES–3). exposure of young plants to high winds designed to be a response, rather than a Although the WNHP and Monument and temperatures and very low spring regulatory activity. CCP are important tools for identifying and summer precipitation. Other All collecting is prohibited on the conservation actions that would benefit possible factors include low seed Monument, including antlers, bones, Umtanum desert buckwheat, these production, low seed or pollen viability, rocks, artifacts, and plant life. programs do not appear to have been low seedling vigor and survival, impacts Regulations also prohibit fires on designed to function as regulatory to plant pollinators or dispersal Monument lands (Hanford Reach mechanisms that would eliminate mechanisms, and flowering structure National Monument Hunting threats to the species. In addition, a fire removal/insect predation of seeds (as Regulations, 2011). The Revised management plan is necessarily described under Factor C). There has Hanford Site 2011 Wildland Fire designed to be a response, rather than been some success in germinating and Management Plan (DOE 2011, p. 176) prescriptive strategy, since wildfires are growing Umtanum desert buckwheat in addresses Umtanum desert buckwheat unpredictable with regard to their containers, which may indicate that the briefly in a specific accounting of location and severity. Accordingly, the failure to establish seedlings in the wild sensitive resources located on the site. impact of wildfire to Umtanum desert may not be due to low fertility, but may The plan states that ‘‘due to the buckwheat is not a threat that can be be related to conditions necessary for sensitive nature of the biology of the eliminated by regulatory mechanisms, survival after germination (Arnett Hanford Site, an on-call Mission because of the many potential ignition 2011c, pers. comm.). Long-term Support Alliance biologist will be scenarios on the lands within and monitoring and research may determine requested to assist the command staff in surrounding the area where the species the cause of the population’s skewed protecting the environment during occurs. Therefore, based on our review size distribution. A seed bank study has suppression efforts.’’ This requirement of the best available scientific and shown that viability of buried seed does not remove the wildfire threat to commercial information, we do not decreases dramatically after the first the species, but may make a negative consider the inadequacy of existing year, suggesting a very small and short- incident less probable. regulatory mechanisms to be an ongoing lived seed bank for Umtanum desert The 1997 wildfire initiated by the threat to White Bluff’s bladderpod. buckwheat (Caplow 2005, p. 6). U.S. Army Yakima Training Center fire Considered in total, these factors resulted in mortality to 10–20 percent of E. Other Natural or Manmade Factors likely combine effects to create negative the population (see Factor A and Table Affecting Its Continued Existence recruitment for Umtanum desert 2). The threat of wildfire originating on Umtanum desert buckwheat has a buckwheat. This theory is supported by the nearby U.S. Army Yakima Training small population size and distribution, the findings of Kaye (2007, p. 5), that Center and spreading to the Umtanum and suffers from low recruitment (Kaye the population appears to be in a desert buckwheat site remains, as does 2007, p. 3; Caplow 2005, p. 3). These gradual decline of approximately 2⁄3 of the potential for ignition to occur along features make it particularly susceptible 1 percent per year. Negative recruitment the BPA transmission line corridor, to potentially changing climate due to the factors described above which crosses the population. Fire conditions. For instance, regional combined with a small population size could also originate below the climate change models indicate a rise in present a significant threat to the Umtanum desert buckwheat site on hotter and drier conditions, which may species. China Bar and rapidly burn upslope, increase stress on individuals as well as Climate change: Our analyses under since this area is commonly used by increase wildfire frequency and the Endangered Species Act include recreationists. The Hanford Reach intensity. consideration of ongoing and projected National Monument Comprehensive Population structure: The typical size changes in climate. The terms ‘‘climate’’ Conservation Plan acknowledges that distribution of perennial plants consists and ‘‘climate change’’ are defined by the wildland fire will be suppressed when of more individuals in smaller and Intergovernmental Panel on Climate possible, suppression techniques will be presumably younger size-classes, than Change (IPCC). ‘‘Climate’’ refers to the designed to minimize surface in larger or older ones. However, mean and variability of different types disturbance in the vicinity of sensitive Umtanum desert buckwheat has fewer of weather conditions over time, with 30 resources, and fire control policies will plants in smaller size-classes than in years being a typical period for such be implemented to reduce the risk of larger ones. The only known population measurements, although shorter or human-caused wildland fire (USFWS of this species is dominated by mature longer periods also may be used (IPCC 2008, p. 4–8). However, based on the plants with little successful 2007, p. 78). The term ‘‘climate change’’ recent wildfire history and acreage establishment of seedlings. The majority thus refers to a change in the mean or affected (see Table 2), fire planning of individual plants have a strong variability of one or more measures of documents are not able to address all tendency to remain in the same size climate (e.g., temperature or possible scenarios. In addition, class, and presumably age class, from 1 precipitation) that persists for an numerous agencies must coordinate year to the next. In addition, adult extended period, typically decades or firefighting on this landscape, ignitions mortality averages 2 percent annually longer, whether the change is due to from recreationists remain a risk, and (Kaye 2007, p. 3). Between 1997 and natural variability, human activity, or timely and effective initial firefighting 2006, only five to six seedlings in all both (IPCC 2007, p. 78). responses may be difficult. For example, demographic monitoring plots were Various types of changes in climate before it was contained, the 24 observed to survive longer than 1 year, can have direct or indirect effects on

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species. These effects may be positive, Columbia Valley (Jones, 2005 in Stockle invasive plants would become better neutral, or negative and they may et al. 2009, p. 199). Weeds and insects competitors for resources than change over time, depending on the will adapt to the longer season with Umtanum desert buckwheat. species and other relevant more favorable conditions (Stockle et al. Alternatively, warmer and wetter winter considerations, such as the effects of 2009, p. 200). conditions could potentially benefit the interactions of climate with other Given the importance of water species by extending the growing season variables (e.g., habitat fragmentation) availability to plants, precipitation and providing additional moisture to (IPCC 2007, pp. 8–14, 18–19). In our change needs to be included in the soil in the spring. However, if the analyses, we use our expert judgment to predictions of climate change effects on frequency, intensity, and timing of the weigh relevant information, including invasive plants (Bradley 2009, p. 197). predicted changes in climate for eastern uncertainty, in our consideration of Regional climate models suggest that Washington are not aligned with the various aspects of climate change. The some local changes in temperature and phenology of Umtanum desert potential impacts of a changing global precipitation may be quite different than buckwheat, the survival and climate to Umtanum desert buckwheat average regional changes projected by reproduction of the species could be are presently unclear. All regional the global models (Littell et al. 2009a, threatened over time. Accordingly, models of climate change indicate that p. 6). Precipitation uncertainties are although climate change represents a future climate in the Pacific Northwest particularly problematic in the western potential ongoing threat based on the will be warmer than the past, and, United States, where complex best available information, more together, they suggest that rates of topography coupled with the difficulty thorough investigations are needed to warming will be greater in the 21st of modeling El Nin˜ o result in highly better understand the potential impacts century than those observed in the 20th variable climate projections (Bradley of climate change to this species. century. Projected changes in annual 2009, p. 197). Cheatgrass, an invasive precipitation, averaged over all models, species, competes with native species Proposed Determination by growing early in the spring season are small (+1 to +2 percent), but some We have carefully assessed the best and using available water resources. It models project an enhanced seasonal scientific and commercial information senesces in late spring, sets seed, and precipitation cycle with changes toward available regarding the past, present, wetter autumns and winters and drier remains dormant through the summer and future threats to Umtanum desert summers (Littell, et al. 2009a, p. 1). (Rice et al., 1992; Peterson, 2005; in buckwheat (see Table 3). The 1997 fire At a regional scale, two different Bradley 2009, p. 197; Bradley 2009, pp. temperature prediction models are 204–205). If summer precipitation were that escaped from the Yakima Training presented in Stockle et al. (2009, p. 199) to increase, native perennial shrubs and Center killed 813 plants, or yet show similar results. Outputs from grasses could be more competitive approximately 10–20 percent of the both models predict increases in mean because they would be able to use water population (Dunwiddie et al., 2001, pp. annual temperature for eastern resources while cheatgrass is dormant 61–62). The Revised Hanford Site 2011 Washington State. Specifically, the (Loik, 2007 in Bradley 2009, pp. 204– Wildland Fire Management Plan (DOE Community Climate System Model 205). 2011) acknowledges the sensitive nature General Circulation Model projects Littell et al. (2009b, p. 270) were of the biology of the Hanford Site, and temperature increase as 1.4, 2.3 and successful in developing statistical provides for environmental protection 3.2 °C (2.5, 4.1, and 5.8 °F) at Lind, models of the area burned by wildfire during fire suppression activities. This Washington, which is 64 km (40 mi) for six regions in Washington for the plan may reduce the likelihood of a northeast of the Umtanum desert period 1980 to 2006. Future projections wildfire event within or near the buckwheat population; approximately from these six models project mean- population, but cannot remove the 1.7, 2.7, and 3.5 °C (3.1, 4.9, and 6.3 °F) area-burned increases of between 0 and threat completely since wildfire at Pullman, Washington, which is 169 600 percent, depending on the locations, severity, and response needs km (105 mi) east of the population; and ecosystem in question, the sensitivity of are unpredictable. The 2007 Sunnyside, Washington, which is 50 km the fire model, emissions scenario and unpublished draft Population Viability (31 mi) southwest of the population, for the timeframe of the projection. By the Analysis (PVA) estimated a 72 percent the 2020, 2040 and 2080 modeling 2040s, the area burned in nonforested chance of a decline of 50 percent of the scenarios, respectively. For the Parallel ecosystems (Columbia Basin and population within the next 100 years Climate Model effort, the temperature Palouse Prairie) increased on average by (Kaye 2007, p. 5). The PVA, which change is expected to be 0.8, 1.7, and a factor of 2.2. Notably, the increase in incorporated observed environmental 2.6 °C (1.4, 3.1, and 4.7 °F) at Lind, area burned is accompanied by an variability, determined the Umtanum Washington; 1.1, 2.0, and 2.9 °C (2.0, increase in variability in some of the desert buckwheat population was in 3.6, and 5.2 °F) at Pullman, Washington; more arid systems, such as the Palouse very gradual decline. The decline is and 1.3, 2.2, and 3 °C (2.3, 4.0, and Prairie and Columbia Basin (Littell et al. very close to stable, but still suggests an 5.5 °F) at Sunnyside, Washington, in the 2009b, p. 270). annual decline of about 2⁄3 of one 2020, 2040, and 2080 scenarios, We do not know what the future percent, which will take several decades respectively. holds with regard to climate change, to accumulate significant impacts (Kaye The projected warming trend will however, this species has a very limited 2007, p. 5). The steady decline observed increase the length of the frost-free distribution, small population size, and through demographic monitoring of period throughout the State, increasing low recruitment. Despite the lack of site- numbers and recruitment since 1997 the available growing season for plants, specific data, increased average may be directly attributable to several of which will continue to be limited in temperatures and reduced average the known threats, although some have eastern Washington by water rainfall may further influence the been reduced because of increased availability, and likely by extreme heat current decline of the species and result boundary integrity and access control. events in some instances. This will in a loss of habitat. Hotter and drier Because the population is small, limited continue the trend observed from 1948 summer conditions may also increase to a single site, at risk of invasive to 2002, during which the frost-free the frequency and intensity of fires in species, and sensitive to fire and period has lengthened by 29 days in the the area, as cheatgrass and other disturbance in a high fire-risk location,

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the species remains vulnerable to the threats summarized in Table 3.

TABLE 3—SUMMARY OF THREAT FACTORS UNDER THE ESA TO UMTANUM DESERT BUCKWHEAT

Factor Threat Imminence * Magnitude* Severity*

A ...... Wildfire ...... Confirmed ...... High ...... High. Fire suppression activities ...... Possible ** ...... Unknown ...... Unknown. Harm by recreational activities and/or ORV use ... Possible but unlikely. *** Low ...... Low. Direct harm and habitat modification by livestock Possible but unlikely. *** Low ...... Low. Mineral prospecting ...... Possible but unlikely. *** Low ...... Low. Competition, fuels load from nonnative plants ...... Confirmed ...... High ...... High. C ...... Seed predation ...... Confirmed ...... Unknown ...... Unknown. Flower predation ...... Confirmed ...... Unknown ...... Unknown. E ...... Small population size ...... Confirmed ...... Moderate ...... Moderate. Limited geographic range ...... Confirmed ...... Moderate ...... Moderate. Low recruitment ...... Confirmed ...... Moderate ...... Moderate. Climate change ...... Possible ...... Unknown ...... Unknown. * Imminence: The likelihood of the threat currently affecting the species. Magnitude: The extent of species numbers or habitat affected by the threat. Severity: 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.

As described above, Umtanum desert census (which may be attributable to the of extinction throughout its entire range, buckwheat is currently at risk way individual plants were counted as based on the immediacy, severity, and throughout all of its range due to described earlier). These population scope of the threats described above (see ongoing threats of habitat destruction demographics make the species Table 3). The Hanford Reach National and modification (Factor A), predation particularly susceptible to extinction Monument Comprehensive (Factor C), and other natural or due to threats described in this Conservation Plan was developed to manmade factors affecting its continued proposal. The magnitude of the wildfire protect and conserve the biological, existence (Factor E). Specifically, these threat is high; other threats are moderate geological, paleontological, and cultural factors include the existing degradation to low in magnitude. Because of the resources described in the Monument limited range of Umtanum desert or fragmentation of habitat resulting Proclamation by creating and buckwheat, any one of the threats may from wildfire, nonnative invasive maintaining extensive areas within the vegetation that provides fuel for threaten its continued existence at any time. Since these threats are ongoing, Monument free of facility development wildfires, predation of seed and flower (USFWS 2008, p. v). Several structures, and potentially changing they are also imminent. The Act defines an endangered management objectives are identified environmental conditions resulting from that could benefit the Umtanum desert global climate change (although its species as any species that is ‘‘in danger buckwheat population; these include magnitude and intensity are uncertain). of extinction throughout all or a treating invasive species and restoring Wildfire suppression activities could significant portion of its range’’ and a upland habitat (USFWS 2008, pp. 19– also threaten the species if they were to threatened species as any species ‘‘that occur within the population, since this is likely to become endangered 22). species appears to be highly sensitive to throughout all or a significant portion of As stated earlier, the population is in any physical damage. However, whether its range within the foreseeable future.’’ a very gradual decline, which will take this potential threat would actually Since Umtanum desert buckwheat is several decades to accumulate highly restricted in its range and the occur is unknown, given the significant impacts (Kaye 2007, p. 5). threats occur uniformly throughout its unpredictable nature of wildfire events. Given the fact that (1) the population is range, we assessed the status of the Impacts to Umtanum desert buckwheat species throughout its entire range. The in a very gradual decline; (2) the from livestock moving through the threats to the survival of the species management objectives of the CCP will population, off-road vehicle use, hikers, occur throughout the species’ range and be beneficial to the species; (3) access is and prospecting are conceivable, but are not restricted to any particular prohibited without special authorization unlikely, provided DOE livestock significant portion of that range, and the from the DOE; (4) security fencing movement permit conditions are number of individuals in the single surrounds the population; (4) entry complied with, access to the site is population is very small and declining. prohibited signs are in place; and (5) effectively controlled, boundary Some threats are more severe than boundary enforcement is ongoing, the integrity is monitored and maintained, others, but the population is being species is not presently in danger of and enforcement actions are taken as affected by small population size, extinction throughout all or a significant needed, each of which is presently limited range, low recruitment, invasive portion of its range. Therefore, on the occurring. cheatgrass presence that can fuel basis of the best available scientific and The area where Umtanum desert wildfire, wildfire (Table 2), seed commercial information, we propose buckwheat is found is at high risk of predation, and flower predation. listing Umtanum desert buckwheat as frequent fire and is fully exposed to the Our assessment and proposed threatened in accordance with sections elements. The population is extremely determination applies to the species 3(6) and 4(a)(1) of the Act. small, isolated, and in slow but steady throughout its entire range. In this decline, notwithstanding the somewhat regard, we find that Umtanum desert higher count in the 2011 population buckwheat is likely to become in danger

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Species Information recognized that, although L. species may be an obligate calciphile, as tuplashensis and L. douglasii were quite are many of the endemic Lesquerella White Bluffs Bladderpod similar, they differed sufficiently in (now Physaria) (Caplow 2006, pp. 2– White Bluffs bladderpod is a low- morphology and phenological traits to 12). The habitat of White Bluffs growing, herbaceous, perennial plant warrant recognition as two distinct bladderpod is arid, and vegetative cover with a sturdy tap root and a dense species. Simmons (2000, p. 75) is sparse (Rollins et al. 1996, p. 206). rosette of broad gray-green pubescent suggested in a Ph.D. thesis that L. Common associated plant species (having any kind of hairs) leaves tuplashensis may be an ecotype of the include: Artemisia tridentata (big (WDNR 2010). The species produces more common L. douglasii. Caplow et sagebrush), Poa sandbergii (Sandberg’s showy yellow flowers on relatively al. (2006, pp. 8–10) later argued that L. bluegrass), Bromus tectorum short stems in May, June, and July. The tuplashensis was sufficiently different (cheatgrass), Astragalus carieinus species inhabits dry, steep upper zone from douglasii to warrant a species rank (buckwheat milk-vetch), Eriogonum and top exposures of the White Bluffs because it: (1) Was morphologically microthecum (slender buckwheat), area of the Hanford Reach at the lower distinct, differed in stipe (a supporting Oryzopsis hymenoides (Indian edge of the Wahluke Slope. Along these stalk or stem-like structure) length and ricegrass), and Cryptantha spiculifera bluffs, a layer of highly alkaline, length-to-width ratio of stem leaves, and (Snake River cryptantha). Occasionally fossilized cemented calcium carbonate had statistically significant differences White Bluffs bladderpod is numerous (caliche) soil has been exposed (Rollins in all other measured characters; (2) was enough at some locations to be et al. 1996, pp. 203–205). A detailed reproductively isolated from L. subdominant. description of the identifying physical douglasii by non-overlapping habitat Because of its recent discovery and characteristics of White Bluffs and differences in phenology for limited range, little is known of the bladderpod is in Rollins et al. (1996, pp. virtually all L. tuplashensis plants; and species’ life-history requirements. In a 203–205) and Al-Shehbaz and O’Kane (3) had clear differences in the presentation of preliminary life-history (2002, pp. 319–320). White Bluffs ecological niche between the two taxa studies, Dunwiddie et al. (2002, p. 7) bladderpod is State-listed as (Caplow et al. 2006, pp. 8–10). reported that most individuals reach Threatened, with a G2 (i.e., imperiled Based on molecular, morphological, reproductive condition in their first or world-wide, vulnerable to extinction) phenological, reproductive, and second year, most adult plants flower global ranking and an S2 (i.e., ecological data, the conclusions in Al- every year, and the lifespan of the vulnerable to extirpation) State ranking Shehbaz and O’Kane (2002, p. 322) and species is probably 4 to 5 years. The (WDNR 2011). Caplow et al. (2006, pp. 8–10) population size appears to vary from Taxonomy combining the genera Lesquerella and year to year (see Table 4), and the Physaria and reducing the species survival of seedlings and adults appears Although specimens of this taxon Lesquerella tuplashensis to Physaria to be highly variable (Dunwiddie et al. were originally collected from a douglasii subsp. tuplashensis, provide 2002, p. 8), however, more monitoring population in 1883, the plant material the most consistent and compelling is needed to determine the magnitude was in poor condition, no definitive information available to date. Therefore, and frequency of high- and low-number identification could be made, and the we will consider it a subspecies of the years, as well as to obtain an plant was not recognized as a species at genus Physaria, with the scientific name understanding of the causes of these that time. The population was Physaria douglasii subsp. tuplashensis. annual fluctuations (Evans et al. 2003, rediscovered in 1994, and was described Habitat/Life History p. 64). Monitoring by Monument staff and published as a species, Lesquerella (Newsome 2011, p. 5) suggests the tuplashensis, by Rollins et al. (1996, pp. The only known population of White annual population fluctuations are 319–322). A petition requesting that L. Bluffs bladderpod is found primarily on presumably tied to environmental tuplashensis be listed as threatened near-vertical exposures of weathered, conditions, such as seasonal under the Act stated that its status as a cemented, alkaline, calcium carbonate precipitation and temperature. valid species is uncontroversial (Center paleosol (ancient, buried soil whose for Biological Diversity et al. [CBD] composition may reflect a climate Historical Range/Distribution 2004, pp. 49,100). However, the significantly different from the climate In 1996, White Bluffs bladderpod was nomenclature and taxonomy of the now prevalent in the area) (http://www. only known from a single population species has been investigated. alcwin.org/Dictionary_Of_Geology_ that occurred along the upper edge of In a general paper on the taxonomy of Description-84-P.htm). The hardened the White Bluffs of the Columbia River Physaria and Lesquerella, O’Kane and carbonate paleosol caps several hundred in Franklin County, Washington. The Al-Shehbaz (2002, p. 321) combined the feet of alkaline, easily eroded, lacustrine population was described to occur genera Lesquerella and Physaria and sediments of the Ringold Formation, a intermittently in a narrow band (usually reduced the species Lesquerella sedimentary formation made up of soft less than 10 m (33 ft) wide) along an tuplashensis to Physaria douglasii Pliocene lacustrine deposits of clay, approximately 17-km (10.6-mi) stretch subsp. tuplashensis (O’Kane and Al- sand, and silt (Newcomb 1958, p. 330). of the river bluffs (Rollins et al. 1996, Shehbaz (2002, p. 322)), providing The uppermost part of the Ringold p. 205). strong molecular, morphological, Formation is a heavily calcified and distributional, and ecological data to silicified cap layer to a depth of at least Current Range/Distribution support the union of the two genera. 4.6 m (15 ft). This layer is commonly White Bluffs bladderpod is still Rollins and Shaw (1973, entire), took called ‘‘caliche’’ although in this case, it known only from the single population a wide view of the degree of lacks the nitrate constituents found in that occurs along the upper edge of the differentiation between species and true caliche. The ‘‘caliche’’ layer is a White Bluffs of the Columbia River, subspecies (or varieties) of Lesquerella, resistant caprock underlying the Franklin County, Washington, although although many species of Lesquerella approximately 274–304 m (900–1,000 ft) the full extent of the species’ occurrence are differentiated by only one or two elevation (above sea level) plateau has now been described. Most of the stable characters. The research of extending north and east from the White species distribution (85 percent) is Rollins et al. (1996, pp. 205–206) Bluffs (Newcomb 1958, p. 330). This within lands owned by the DOE and

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once managed by the Washington its establishment in 1944 (Newsome very large events of rotational slumping Department of Fish and Wildlife as the 2011, p. 2). This environment likely or landslides, parts of the original Wahluke Wildlife Area (USFWS 200, p. provided ideal conditions for surface horizon may remain somewhat 1–3). This land remains under DOE germination, growth, and flowering for undisturbed on the crest of the slumped ownership, and is managed by the this year’s population following a rather block, preserving White Bluffs Monument. The remainder of the moist fall and mild winter season bladderpod plants, at least for the short species’ distribution is on private land (Autumn 2010 precipitation was 4.6 cm term (Caplow et al. 1996, p. 42). All (Newsome 2011, pers. comm.). (21.8 inches) above average: Winter mass-failures occurring along the White 2011 precipitation was 0.6 cm (0.24 Bluffs, with one historical exception, are TABLE 4—ESTIMATED * POPULATION inches) below average (http://www. found in association with water seepage SIZE OF WHITE BLUFFS BLADDERPOD hanford.gov/page.cfm/hms/products/ (Bjornstad and Fecht 2002, p. 16). seaprcp). In the 1960s, the Washington State 10-Transect 20-Transect Department of Game (currently known Year sample sample Summary of Factors: White Bluffs as the Washington Department of Fish bladderpod and Wildlife) constructed artificial 1997 ...... 14,034 ...... A. The Present or Threatened wetlands using irrigation water 1998 ...... 31,013 32,603 Destruction, Modification, or delivered to unlined wastewater ponds 1999 ...... 20,354 21,699 and canals in the vicinity of the White 2002 ...... 11,884 12,038 Curtailment of Its Habitat or Range Bluffs for wildlife enhancement 2007 ...... 29,334 28,618 Caplow and Beck (1996, p. 42) and 2008 ...... 16,928 18,400 (Bjornstad 2006, p. 1). Water entered a others state that the threats to White preferential pathway for movement 2009 ...... 16,569 20,028 Bluffs bladderpod and its habitat are 2010 ...... 9,650 9,949 along a buried paleochannel, which primarily landslides caused by 2011 ...... 47,593 58,887 connected the artificial wetlands with subsurface water seepage, invasive the White Bluffs escarpment near Locke * Mean number of plants per transect × total species, and ORV use (TNC 1998, p. 5; Island only 4.8 km (3 mi) to the number of transects along permanent 100-m Evans et al. 2003, p. 67, Newsome 2007, (328-ft) monitoring transects (from Newsome southwest. Water percolating from 2011, p. 3). An additional 20-transect sample p. 4). Of these threats, landslides and artificial wetlands moved quickly down was added to monitoring after 1997 to in- invasive species competition is of through highly transmissive flood crease statistical confidence. primary concern (Caplow and Beck deposits, and then encountered the low- Population Estimates/Status 1996, p. 42; Newsome 2007, p. 4). Below permeability soils of the Ringold is a detailed discussion of these threats Formation. The water then flowed The size of the population varies and their potential effects on survival laterally along the impermeable layer, considerably between years. Censuses in and recovery of the species. and discharged through springs along the late 1990s estimated more than Landslides: Groundwater movement the White Bluffs. Where they were wet, 50,000 flowering plants in high from adjacent, up-slope agricultural the unstable Ringold Formation population years (Evans et al. 2003, p. activities has caused mass-failure sediments have slumped and slid along 3–2) (see Table 4). Since 1997 to 1998 landslides in portions of the White the steep White Bluffs escarpment when the monitoring transects currently Bluffs. As a result, the habitat in (Bjornstad and Fecht 2002, p. 14). used were selected, the population has approximately 6.0 km (3.7 mi), or about Although water flow to the pond has ranged between an estimated low of 35 percent of the known range of White been halted due to concerns about 9,650 plants in 2010 and an estimated Bluffs bladderpod has been moderately landslides and the artificial wetlands no high of 58,887 plants in 2011 (see Table to severely altered (Brown 1990, pp. 4, longer exist, water continues to seep out 4). Following the monitoring period in 39; Cannon 2005, p. 4.25; Caplow et al. along the bluffs, apparently due to the 2007, a large wildfire burned through 1996, p. 65; Drost et al. 1997, pp. 48, 96; large volume that accumulated in the the northern portion of the population Lindsey et al. 1997, pp. 4, 10, 11, 12, 14; underlying sediments over years of within the monitoring transects. Annual U.S. Congress (H.R. 1031), 1999, p. 2; infiltration (Bjornstad and Fecht 2002, monitoring was conducted through 2011 USFWS 1996, p. 1). White Bluffs p. 15). to attempt to determine the effects of bladderpod plants have not been The erosional processes at work in the fire on White Bluffs bladderpod. The observed in areas that have undergone northern White Bluffs vicinity are monitoring results indicated that when recent landslides, regardless of whether somewhat different than those of the burned and unburned transects were the landslide disturbance is moderate or southern White Bluffs area, where compared, plants in burned transects severe. They have not been observed to White Bluffs bladderpod occurs. A appear to have rebounded to some survive small slumping events, possibly record of slumping exists along the extent. However, the burned transects because the mixed soils downslope White Bluffs, beginning with periodic appeared to have a mean of 24 percent post-event no longer have the soil high-recharge, Ice Age flood events. fewer plants than in the unburned horizon that White Bluffs bladderpod Since the Pleistocene Epoch, transects. plants seem to require. Additionally, landsliding on the southern bluffs The high variability in estimated these slumped soils are typically more where White Bluffs bladderpod is found population numbers was confirmed by saturated because they end up below the was dormant until the 1970s, when the 2011 data, which documented the groundwater seep zone. In the arid increased infiltration of moisture from highest population estimate since environment, White Bluffs bladderpod agricultural activities caused a monitoring began in 1997, even though appears to be unable to successfully resurgence of slumping (Bjornstad and it immediately followed the year compete with the host of weedy and Peterson 2009b; Cannon et al. 2005, p. representing the lowest estimate (2010). invasive drought-intolerant species in 4.25; Bjornstad and Fecht 2002, p. 17; May 2011 was identified by the Hanford the seed bank. Where natural Drost et al. 1997, p. 76; Brown 1990, pp. Meteorological Station (http://www. weathering has eroded occupied habitat, 4, 38, 39). Excess irrigation water hanford.gov/page.cfm/HMS) as the fifth White Bluffs bladderpod plants have percolates downward before moving coolest and seventh wettest month of been observed to occasionally become laterally upon lower-permeability May recorded on the installation since established on the more gentle slopes. In Ringold strata. Spring water that

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discharges in the vicinity of the bluff southern extent of the species’ fire events tend to be large and face greatly reduces internal soil distribution. unpredictable in the Hanford Reach (see strength, and leads to slope failure. Invasive species: An infestation of Table 2) and can potentially affect large Heads of landslides characteristically Centaurea solstitialis (yellow numbers of plants and significant areas consist of back-rotated slump blocks starthistle), a nonnative weed that is of pollinator habitat. that transition to debris flows known as a rapid invader of arid In addition, wildfire also impacts downslope, and the toes of fluidized environments even in the absence of pollinator communities by directly debris flows often fan out into the disturbance, was discovered during causing mortality, altering habitat, and Columbia River. Landslides and their 2003 within a portion of the range of reducing native plant species diversity. damaging effects will likely continue White Bluffs bladderpod (Evans et al. Since an increase in cheatgrass was until water that is currently being 2003, p. 67). Invasive plants compete observed within the White Bluffs introduced subsurface through unlined with White Bluffs bladderpod for space bladderpod population and the irrigation canals, ponds, and over- and moisture and increase the effects of surrounding areas affected by the 2007 irrigation is significantly reduced or fire. The infestation was mapped, plants fire, we presume a larger scale fire event eliminated (Bjornstad and Peterson were treated using aerial means, and the would have similar results. Because of 2009b). weeds are currently being controlled. its invasive nature (see discussion The entire population of White Bluffs Continued monitoring and timely below), cheatgrass is able to outcompete bladderpod is down-slope of irrigated followup treatment of this ongoing native species and, once established, agricultural land and is at risk of threat is necessary to protect White increases wildfire fuel availability. landslides induced by water-seepage. Bluffs bladderpod habitat. In addition, a White Bluffs bladderpod may be The threat is greater in the southern portion of the White Bluffs bladderpod somewhat fire-tolerant based on the portion of the species’ distribution population is adjacent to a public access post-2007 wildfire response monitoring. where irrigated agriculture is closest in point along the Columbia River. Visitors However, the establishment and growth proximity, and in several locations could potentially transport invasive of highly flammable cheatgrass directly adjacent to the bluffs (Bjornstad plant material or seeds into the area, increases the likelihood of fire as well et al., 2009a, p. 8; Lindsey 1997, p. 12). increasing the risk of impacts of as its intensity, potentially elevating the Wetted soils visible on the cliff faces establishment of invasive species. Based risk of impacting the White Bluffs directly below the private lands indicate on the best available information, bladderpod population in the future. that irrigation of the fields above is nonnative invasive species represent an Given the invasive nature of cheatgrass, affecting the bluff. Irrigation water ongoing threat to White Bluffs the increased fire frequency and moves a considerable distance laterally bladderpod. wildfire history within and around the across some of the more impermeable Pesticide or Herbicide Use: We Monument (see Table 2), the increased beds of the Ringold Formation, as initially considered whether White fuel that becomes available for future described earlier, and also percolates Bluffs bladderpod pollinators could wildfire events as cheatgrass downward. As the water increases the potentially be negatively affected by proliferates, and observations that pore pressure between sediment grains, pesticide or herbicide applications on cheatgrass presence increased within it reduces the soil material strength. At orchards and other irrigated crops and around the population after the the steep bluff face, the loss of material located adjacent to the population along 2007 wildfire, wildfire is considered to strength results in slope failure and the southern portion of its distribution. be an ongoing threat to White Bluffs formation of landslides (Bjornstad and However, specific information on bladderpod. Fecht 2002, p. 17), which permanently whether this is a threat is not available, Nonnative Plant Competition and destroy White Bluffs bladderpod and we are not identifying this as an Fuel Sources: A common consequence habitat. The areas subject to mass-failure ongoing threat at this time. More of fire is the displacement of native landslides are somewhat predictable, thorough investigations are necessary, vegetation by nonnative weedy species, and appear as horizontal wetted zones and we will continue to evaluate this as particularly cheatgrass. As a result of in the cliff face. This threat is imminent a potential threat as additional the 2007 fire, a higher percent cover of and ongoing, potentially affecting most information becomes available. weedy plant species, including of the population. Wildfire: In July 2007, a large wildfire cheatgrass, has become established Off-road vehicles: ORVs also threaten burned through the northern portion of within and around the White Bluffs the species, by crushing plants, the White Bluffs bladderpod population bladderpod population. Cheatgrass is an destabilizing the soil, increasing and within the area of the monitoring introduced annual grass that is widely erosion, and spreading the seeds of transects after monitoring was distributed in the western United States, invasive plants. Although ORV activity completed for that year. Fire is and has been documented in the White is prohibited on the Monument (USFWS considered to be a threat to White Bluffs Bluffs bladderpod population. The 2008, p. 1–5), it occurs intermittently on bladderpod, although the decline in origins are probably southwestern Asia the Federal lands that constitute population numbers after the 2007 fire via contaminated grain from Europe in approximately 85 percent of the species’ indicated the population estimate was the 1890’s. The species was preadapted distribution. Currently, ORV activity is still within the known range of to the climate and soils in the Great more common within the private variability. The 2008–2011 monitoring Basin Desert (parts of Idaho, Nevada, portion (approx. 15 percent of the area) results demonstrated the negative Oregon, and Utah) and filled the void at the southern end of the species impacts of the fire to be less than left vacant by historic livestock grazing. distribution. The location and extent of expected, as approximately 76 percent This opportunistic grass is able to this threat has been mapped by of the population remained viable the maintain a superiority over native Monument staff on the land under their following year (Newsome and Goldie, plants in part because it is a prolific management (Newsome 2011, pers. 2008). Notwithstanding the species’ seed producer, able to germinate in the comm.). Based on the best available apparent ability to recover somewhat autumn or spring, giving it a information, ORV use is considered to from the 2007 wildfire event, we believe competitive advantage over native be an ongoing threat to White Bluffs that wildfire continues to be a threat to perennials, and is tolerant of increased bladderpod, particularly within the the existing population. This is because fire frequency. Cheatgrass can

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outcompete native plants for water and vegetation by nonnative weedy species, Seed predation: Since 1966, some nutrients in the early spring, since it is which increases intraspecific predation by larval insects on actively growing when native plants are competition for resources and increases developing fruits of White Bluffs initiating growth. It also completes its the accumulation of fuels. When these bladderpod has been observed. Larvae reproductive process and becomes conditions occur, they contribute to of a species of Cecidomyiid fly have senescent before most native plants increases in wildfire frequency and been observed infesting and destroying (Pellant 1996, p. 1–2). severity in a frequent fire landscape. flowering buds, and an unidentified An infestation of yellow starthistle Accordingly, although the need for insect species has been documented (Centaurea solstitialis) discovered wildfire suppression activities near or boring small holes into young seed during 2003 within a portion of the within the White Bluffs bladderpod capsules and feeding on developing White Bluffs bladderpod range was population is unpredictable, this ovules. However, the overall effect of mapped and treated aerially (TNC 2003, activity is considered a potential threat these insect species on the plants or p. 67). Yellow starthistle infestations to this species based on the Monument’s population is not known (TNC 1998, can reduce wildlife habitat and forage, wildfire history (see Table 2). p. 5). Although insect predation may be displace native plants, and reduce Based on the information above, we a potential threat to White Bluffs native plant and animal diversity. It find that specific activities discussed bladderpod, more thorough significantly depletes soil moisture under Factor A: The Present or investigations are necessary to reserves in both annual and perennial Threatened Destruction, Modification, determine its significance to seed grasslands, and is able to invade and or Curtailment of Its Habitat or Range production. Accordingly, we do not coexist within cheatgrass-dominated present a threat to White Bluffs consider insect predation to be a threat annual grasslands (TNC 2003, p. 55). bladderpod and its habitat. These to White Bluffs bladderpod at this time. Accordingly, nonnative plants that activities include landslides, invasive We are unaware of any other disease or increase fuel availability for wildfires species, wildfire, off-road vehicle use, predation interactions that represent are considered an ongoing threat to and potentially fire suppression potential threats to the species. White Bluffs bladderpod. activities. Fire Suppression Activities: Fire D. The Inadequacy of Existing suppression activities, which often B. Overutilization for Commercial, Regulatory Mechanisms damage or remove native plants from Recreational, Scientific, or Educational White Bluffs bladderpod was added to the habitat and disturb soils, could Purposes the State of Washington’s list of potentially be as damaging as the The regulations at 50 CFR 27.51 endangered, threatened, and sensitive wildfire itself. The Monument Fire prohibit collecting any plant material on vascular plants in 1997 (as Lesquerella Management Plan (USFWS 2001, p. 27) any national wildlife refuge. There is no tuplashensis), and is designated as briefly addresses White Bluffs evidence of commercial, recreational, threatened by the Washington bladderpod by providing guidance for scientific, or educational use of White Department of Natural Resources fire suppression activities on the White Bluffs bladderpod, other than occasional (WDNR, 2011). The State of Bluffs. The plan states: ‘‘Fire collection of relatively few specimens Washington’s endangered, threatened, Management will protect these sensitive (e.g., dead plants and seed collection). and sensitive plant program is resources by suppressing fires in this The species is very showy while administered through the Washington area either from existing roads or the flowering and may be subject to Natural Heritage Program (WNHP), and use of flappers and water use. The use occasional collection by the public. The was created to provide an objective of hand tools that break the surface will University of Washington Rare Care staff basis for establishing priorities for a be avoided when possible and the use collected approximately 2,000 White broad array of conservation actions of any off-road equipment in these areas Bluffs bladderpod seeds from 60 plants (WDNR 2011, p. 2). Prioritizing requires concurrence by the Project on July 29, 2011, and Berry Botanic ecosystems and species for conservation Leader.’’ In the 2007 fire, damage to Garden in Portland, Oregon, currently offers a means to evaluate proposed habitat from fire suppression activities has 1,800 seeds collected in 1997 from natural areas and other conservation within the White Bluffs bladderpod 45 plants (Gibble 2011, pers. comm.). activities (WDNR p. 3). The WNHP is a population was avoided by limiting soil Because the public has access to the participant in the Arid Lands Initiative, disturbance to areas outside a 50–100 m species, and it occurs on private land, which is a public/private partnership (164–228 ft) buffer (Goldie 2012, pers. occasional collection may be expected. attempting to develop strategies to comm.). Collection for scientific purposes conserve the species and ecosystems However, the ability to avoid fire combined with sporadic collection by found within Washington’s arid suppression impacts to the White Bluffs private individuals remains a possible, landscape. The WHNP assists in bladderpod population during future but unlikely threat. identifying conservation targets, major wildfire events would take into account Based on our review of the best threats, and potential strategies to the location, direction, magnitude, and available scientific and commercial address them (WDNR 2011 p. 4). intensity of the event, firefighter safety information, we find that overutilization The DOE does not have a rare plant considerations, and proximity of the fire for commercial, recreational, scientific, policy that provides specific protection to the plant population. If a wildfire or educational purposes is not now a for the species, and the Service manages were to occur in the surrounding area, threat to White Bluffs bladderpod in any DOE lands where White Bluffs protection of the White Bluffs portion of its range and is not likely to bladderpod is found as a part of the bladderpod population may not be become a significant threat in the future. Hanford National Monument. A possible if wildfire circumstances comprehensive conservation plan (CCP) necessitate establishing fire lines or C. Disease or Predation for the Monument has been completed response equipment staging areas Evidence of disease has not been that provides a strategy and general within or near the population. A documented in White Bluffs conservation measures for rare plants potential consequence of fire or any soil bladderpod; however, predation of that may benefit White Bluffs disturbance during fire suppression developing fruits and infestations on bladderpod. This strategy includes activities is the displacement of native flowering buds has been observed. support for monitoring, invasive species

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control, fire prevention, propagation, wildfires are unpredictable with regard a threat that is susceptible to reintroduction, and GIS support to map to their location and severity, a fire elimination by regulatory mechanisms. the impact area (USFWS 2008, pp. management plan is necessarily Although the Hanford Monument 2–64—2–65), but does not prescribe designed to be a response, rather than a Proclamation prohibits off-road vehicle mandatory conservation elements. regulatory strategy. The Wildland Fire (ORV) use, ORV use has been Although specific actions to conserve Management Plan for the Monument is documented in the publicly accessible the species are not identified, the plan an operational guide for managing the Wahluke Unit (where White Bluffs acknowledges that protection of the Monument’s wildland and prescribed bladderpod occurs). Some of these population is needed, and that fire programs. The plan defines levels of violators enter the Monument from management actions are required to protection needed to promote firefighter long-established access routes from address its protection (USFWS 2008, p. and public safety, protect facilities and adjacent private lands (USFWS 2002, p. 3–95). The CCP states that fire control resources, and restore and perpetuate 17), causing physical damage to plants policies will be implemented to reduce natural processes, given current and creating ruts in slopes that increase the risk of human-caused wildland fire understanding of the complex erosion (USFWS 2008, p. 3–57). (USFWS 2008, p. 4–13). The CCP also relationships in natural ecosystems Although ORV trespass incidents have identifies strategies to mitigate the (USFWS 2001, p. 9). The Monument been documented on Monument lands, potential for increased human-caused CCP also has an educational and and are affecting some White Bluffs wildfire as a result of increased enforcement program in place that bladderpod individuals, we have no visitation, through informational signing reduces the likelihood of human-caused information indicating they are educating visitors on the danger of wildfires. occurring with significant frequency or wildfire, the adverse effects of wildfire Although the WHNP, Monument CCP, are affecting a substantial portion of the on the shrub-steppe habitat, and how and Spotlight Species Action plans are population. ORV use has also been visitors can contribute to fire important tools to identify conservation documented on private property, where prevention. Seasonal closure of actions that would benefit White Bluffs the southern extent of the population interpretive trails through high-risk bladderpod, they were not designed to occurs. We have no information that areas would be established and enforced function as regulatory mechanisms that would indicate ORV trespass incidents to mitigate the potential of visitor- would eliminate threats to the species. on Monument lands are taking place caused wildfire (USFWS 2008, pp. In addition, the impact of wildfire is not over a large area within the White Bluffs 4–43—4–44). The CCP states that best a threat that is susceptible to bladderpod population, and there are management practices and current elimination by regulatory mechanisms, apparently no constraints on ORV use regulations which prohibit campfires, because of the many potential ignition on private property. Accordingly, we do open fires, fireworks, and other sources scenarios on the lands within and not believe the ORV threat to White of fire ignition on the Monument will be surrounding the area where White Bluffs bladderpod identified in Factor A adequate to prevent human-caused Bluffs bladderpod occurs. is being exacerbated because of existing wildfires that could potentially result An invasive plant species inventory regulations that are inadequate. from hunting activity (USFWS 2008, p. and management plan has been As described under Factor A, 4–46). developed for the Monument (Evans et groundwater movement from adjacent, A Spotlight Species Action Plan has al. 2003, entire). The plan identifies up-slope agricultural activities has been developed for White Bluffs conservation targets, prevention, caused mass-failure landslides caused bladderpod, which briefly describes the detection and response activities, by subsurface water seepage, which is a species and the major threats and prioritization of species and sites, threat to White Bluffs bladderpod. This identifies actions to conserve the inventory and monitoring, adaptive threat is greatest in the southern portion species (USFWS 2009). These actions management, and several other of the species’ distribution where include working with adjacent strategies to address invasive species. irrigated agriculture is close in landowners to restore, manage, and Invasive species management presents proximity, and in several locations reduce threats to the population, significant management challenges directly adjacent to the bluffs (Bjornstat installation of fencing to eliminate ORV because of the Monument’s large size et al., 2009a, p. 8; Lindsey 1997, p. 12). use, invasive species studies and (78,780 ha) (195,000 ac), and the large There are no existing regulatory potential eradication efforts, seed number of documented or potential mechanisms that address this threat. collection for augmentation/restoration invasive plant species present (Evans et Based on our review of the best purposes, pollinator species studies, al. 2003, p. 5). The introduction and available scientific and commercial wildfire studies, and climate change spread of invasive plant species is information, we do not consider any of studies. However, many of these actions enhanced by the existence of disturbed the threats described above under Factor have not been implemented as funding lands and corridors; potential D to be subject to elimination by sources have not been identified introduction pathways include the existing regulatory mechanisms. (Newsome 2011, pers. comm.). Columbia River, active irrigation canals, Therefore, the inadequacy of existing Numerous wildland fires occur wasteways, and impoundments, state regulatory mechanisms does not annually on lands in and surrounding highways, and paved and unpaved represent an ongoing threat to White the Hanford Reach National Monument/ secondary roads. In addition, recurrent Bluff’s bladderpod. Saddle Mountain National Wildlife wildfires, powerline development and Refuge. Many are human-caused, maintenance, and slumping of the E. Other Natural or Manmade Factors resulting from vehicle ignitions from White Bluffs continually create new Affecting Its Continued Existence roads and highways, unattended habitats for invasive species to colonize Small Population Size: As stated campfires, burning of adjacent (Evans et al. 2003, p. 5). The invasive earlier, since 1997 to 1998 when the agricultural lands and irrigation ditches, species management plan is not a monitoring transects currently used and arson. Fires of natural origin regulatory mechanism, and given the were selected, the population has (lightning caused) also occur on lands many invasive plant species pathways ranged between an estimated low of within and adjacent to the monument/ within and surrounding the population, 9,650 plants in 2010 and an estimated refuge (USFWS 2001, p. 171). Since the impact of nonnative species is not high of 58,887 plants in 2011 (see Table

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4). Additionally, the species is known both (IPCC 2007, p. 78). Various types quite different than average regional from only a single population that of changes in climate can have direct or changes projected by the global models occurs intermittently in a narrow band indirect effects on species. These effects (Littell et al. 2009a, p. 6). Precipitation (usually less than 10 m (33 ft) wide) may be positive, neutral, or negative and uncertainties are particularly along an approximately 17-km (10.6-mi) they may change over time, depending problematic in the western United stretch of the river bluffs (Rollins et al. on the species and other relevant States, where complex topography 1996, p. 205), and approximately 35 considerations, such as the effects of coupled with the difficulty of modeling percent of the known range has been interactions of climate with other El Nin˜ o result in highly variable climate moderately to severely affected by variables (e.g., habitat fragmentation) projections (Bradley 2009, p. 197). landslides. Accordingly, the species is (IPCC 2007, pp. 8–14, 18–19). In our We do not know what the future susceptible to being negatively impacted analyses, we use our expert judgment to holds with regard to climate change. by the activities described in Factors A weigh relevant information, including Despite a lack of site-specific data, and C above, particularly if those threats uncertainty, in our consideration of are of a magnitude that affects a various aspects of climate change. increased average temperatures and significant portion of the population. Regional climate change modeling reduced average rainfall may promote a Therefore, based on the best available indicates a potential threat to White decline of the species and result in a information, we consider White Bluffs Bluffs bladderpod if hotter and drier loss of habitat. Hotter and drier summer bladderpod’s small population size and conditions increase stress on individual conditions could increase the frequency limited geographic distribution to plants, or increase the effects of wildfire and intensity of fires in the area as represent an ongoing threat to the frequency and intensity (See discussion cheatgrass or other invasive plants species. under Factor A). As described for compete for resources with White Bluffs Climate Change: Our analyses under Umtanum desert buckwheat above (see bladderpod. However, if summer the Endangered Species Act include Factor E), the potential impacts of a precipitation were to increase, some consideration of ongoing and projected changing global climate to White Bluffs native perennial shrubs and grasses changes in climate. The terms ‘‘climate’’ bladderpod are presently unclear. All could be more competitive if they are and ‘‘climate change’’ are defined by the regional models of climate change able to use water resources when Intergovernmental Panel on Climate indicate that future climate in the cheatgrass or other nonnative species Change (IPCC). ‘‘Climate’’ refers to the Pacific Northwest will be warmer than are dormant (Loik, 2007 in Bradley mean and variability of different types the past, and, together, they suggest that 2009, pp. 204–205). Nevertheless, if the of weather conditions over time, with 30 rates of warming will be greater in the frequency, intensity, and timing of the years being a typical period for such 21st century than those observed in the predicted changes in climate for eastern measurements, although shorter or 20th century. Projected changes in Washington are not aligned with the longer periods also may be used (IPCC annual precipitation, averaged over all phenology of White Bluffs bladderpod, 2007, p. 78). The term ‘‘climate change’’ models, are small (+1 to +2 percent), but the survival and reproduction of the thus refers to a change in the mean or some models project an enhanced species could be threatened over time. variability of one or more measures of seasonal precipitation cycle with Although climate change represents a climate (e.g., temperature or changes toward wetter autumns and potential threat based on the available precipitation) that persists for an winters and drier summers (Littell et al. information, more thorough extended period, typically decades or 2009a, p. 1). Regional climate models investigations are needed to determine longer, whether the change is due to suggest that some local changes in the degree to which climate change may natural variability, human activity, or temperature and precipitation may be be affecting the species.

TABLE 5—SUMMARY OF THREAT FACTORS UNDER THE ESA TO UMTANUM DESERT BUCKWHEAT AND WHITE BLUFFS BLADDERPOD

Factor Threat Magnitude * Severity* Imminence*

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

Proposed Determination or a significant portion of its range. We and proposed determination applies to assessed the status of White Bluffs the species throughout its entire range. We have carefully assessed the best bladderpod throughout its entire range Approximately 35 percent of the scientific and commercial information and found it to be highly restricted known range of the species has been available regarding the past, present, within that range. The threats to the moderately to severely affected by and future threats to White Bluffs survival of the species occur throughout landslides, resulting in an apparently bladderpod (see Table 5). Under the Act the species’ range and are not restricted permanent destruction of the habitat. and our implementing regulations, a to any particular significant portion of The entire population of the species is species may warrant listing if it is down-slope of irrigated agricultural that range. Accordingly, our assessment threatened or endangered throughout all land, the source of the water seepage

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causing the mass-failures and high, while other threats are moderate to threatened under the Act include landslides, but the southern portion of low in magnitude (see Table 5). Because recognition, the development of a the population is the closest to the of the limited range of the species, any recovery plan (including agricultural land and most affected. one of the threats could affect its implementation of recovery actions), Other significant threats include use of continued existence at any time. requirements for Federal protection, and the habitat by recreational off-road The Act defines an endangered prohibitions against certain practices. vehicles which destroy plants, and the species as any species that is ‘‘in danger Recognition through listing actions presence of invasive nonnative plants of extinction throughout all or a results in public awareness and that compete with White Bluffs significant portion of its range,’’ and a conservation by Federal, State, Tribal, bladderpod for limited resources (light, threatened species as any species ‘‘that and local agencies, private water, nutrients). Additionally, the is likely to become endangered organizations, and individuals. The Act increasing presence of invasive throughout all or a significant portion of encourages cooperation with the States nonnative plants may alter fire regimes its range within the foreseeable future.’’ and requires that recovery actions be and potentially increase the threat of We find that White Bluffs bladderpod is carried out for all listed species. The fire to the White Bluffs bladderpod likely to become endangered throughout protection measures required of Federal population. all or a significant portion of its range agencies and the prohibitions against Fire suppression activities could within the foreseeable future, based on certain activities involving listed potentially be as great a threat as the fire the immediacy and scope of the threats wildlife are discussed in Effects of itself, given the location of the species described above and, therefore, meets Critical Habitat Designation and are on the tops of bluffs where firelines are the definition of a threatened species further discussed, in part, below. often constructed. In addition, under the Act. There are no portions of The primary purpose of the Act is the firefighting equipment and personnel the species’ range where threats are conservation of endangered and are commonly staged on ridge tops for geographically concentrated such that threatened species and the ecosystems safety and strategic purposes (Whitehall the species is in danger of extinction upon which they depend. The ultimate 2012, pers. comm.), although this has within that portion of its range. White goal of such conservation efforts is the not been necessary within the White Bluffs bladderpod is primarily recovery of these listed species, so that Bluffs bladderpod population to date. surrounded by Federal ownership, they no longer need the protective During a wildfire response effort in where the lands are managed as an measures of the Act. Section 4(f) of the 2007, responders were able to avoid overlay national wildlife refuge for Act requires the Service to develop and damage to White Bluffs bladderpod general conservation purposes. implement recovery plans for the habitat during suppression activities by The Hanford Reach National conservation of endangered and limiting soil disturbance to areas Monument Comprehensive threatened species. The recovery outside a 50–100 m (164–228 ft) buffer Conservation Plan was developed to planning process involves the around the population. The threats to protect and conserve the biological, identification of actions that are the population from landslides, ORV geological, paleontological, and cultural necessary to halt or reverse the species’ use, and potentially fire suppression resources described in the Monument decline by addressing the threats to its (contingent on location, safety, the Proclamation by creating and survival and recovery. The goal of this ability to avoid, and other particulars) maintaining extensive areas within the process is to restore listed species to a are ongoing, and will continue to occur Monument free of facility development point where they are secure, self- in the future. In addition, invasion by (USFWS 2008, p. v). Several sustaining, and functioning components nonnative plants is a common management objectives are identified of their ecosystems. occurrence post-fire in the Hanford that could benefit the White Bluffs Recovery planning includes the vicinity, and will likely spread or bladderpod population, include treating development of a recovery outline increase throughout the areas that were invasive species and restoring upland shortly after a species is listed, burned during the 2007 fire that habitat (USFWS 2008, pp. 19–22). The preparation of a draft and final recovery occurred in the area of the existing species is also fairly numerous and plan, and revisions to the plan as population or in future events. continuous where it occurs over 17 km significant new information becomes As described above, White Bluffs (10.6 mi), and the threats are acting with available. The recovery outline guides bladderpod is currently at risk uniform magnitude, intensity, or the immediate implementation of urgent throughout all of its range due to severity throughout the species’ recovery actions and describes the ongoing threats of habitat destruction distribution. Since 85 percent of the process to be used to develop a recovery and modification (Factor A), and other species distribution is on Federal lands plan. The recovery plan identifies site- natural or manmade factors affecting its managed as a national wildlife refuge specific management actions that will continued existence (Factor E). for conservation purposes, and refuge achieve recovery of the species, Specifically, these factors include the management plans are in place to help measurable criteria that determine when existing degradation or fragmentation of protect and conserve the species, we do a species may be downlisted or delisted, habitat resulting from landslides due to not believe White Bluffs bladderpod is and methods for monitoring recovery water seepage, invasive species presently in danger of extinction progress. Recovery plans also establish establishment, ORV use, wildfire, throughout all or a significant portion of a framework for agencies to coordinate potential fire suppression activities, and its range. Therefore, on the basis of the their recovery efforts and provide potential global climate change. Most of best available scientific and commercial estimates of the cost of implementing these threats are ongoing and projected information, we propose listing White recovery tasks. Recovery teams to continue and potentially worsen in Bluffs bladderpod as threatened in (composed of species experts, Federal the future. The population is small and accordance with sections 3(6) and and State agencies, nongovernmental apparently restricted to a unique 4(a)(1) of the Act. organizations, and stakeholders) are geological setting, making it particularly often established to develop recovery susceptible to extinction due to threats Available Conservation Measures plans. When completed, the recovery described in the proposed rule. The Conservation measures provided to outline, draft recovery plan, and the magnitude of the threat of wildfire is species listed as endangered or final recovery plan will be available on

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our Web site (http://www.fws.gov/ Section 7(a) of the Act requires Umtanum desert buckwheat occurs endangered), or from our Washington Federal agencies to evaluate their entirely on Federal land, and White Fish and Wildlife Office (see FOR actions with respect to any species that Bluffs bladderpod occurs predominantly FURTHER INFORMATION CONTACT). is proposed or listed as endangered or on Federal land, all Hanford Reach Implementation of recovery actions threatened and with respect to its National Monument regulations that generally requires the participation of a critical habitat, if any is designated. have protective or conservation broad range of partners, including other Regulations implementing this relevance to either species would be Federal agencies, States, Tribal, interagency cooperation provision of the applicable. nongovernmental organizations, Act are codified at 50 CFR part 402. businesses, and private landowners. Section 7(a)(4) of the Act requires It is our policy, as published in the Examples of recovery actions include Federal agencies to confer with the Federal Register on July 1, 1994 (59 FR habitat restoration (e.g., restoration of Service on any action that is likely to 34272), to identify to the maximum native vegetation), research, captive jeopardize the continued existence of a extent practicable at the time a species propagation and reintroduction, and species proposed for listing or result in is listed, those activities that would or outreach and education. The recovery of destruction or adverse modification of would not constitute a violation of many listed species cannot be proposed critical habitat. If a species is section 9 of the Act. The intent of this accomplished solely on Federal lands listed subsequently, section 7(a)(2) of policy is to increase public awareness of because their range may occur primarily the Act requires Federal agencies to the effect of a proposed listing on or solely on non-Federal lands. To ensure that activities they authorize, proposed and ongoing activities within achieve recovery of these species fund, or carry out are not likely to the range of species proposed for listing. requires cooperative conservation efforts jeopardize the continued existence of We may issue permits to carry out on private, State, and Tribal lands. The the species or destroy or adversely otherwise prohibited activities Hanford Reach National Monument modify its critical habitat. If a Federal Comprehensive Conservation Plan action may affect a listed species or its involving endangered and threatened (2008, p. 4–31), identifies several critical habitat, the responsible Federal plant species under certain strategies that will support recovery agency must enter into consultation circumstances. Regulations governing efforts, including (1) continuing ongoing with the Service. permits are codified at 50 CFR 17.62 for partnerships for monitoring Umtanum Federal agency actions within the endangered plants, and at § 17.72 for desert buckwheat and White Bluffs species habitat that may require threatened plants. With regard to bladderpod populations; (2) inventory conference or consultation or both as endangered plants, a permit must be and control of nonnative plant species; described in the preceding paragraph issued for the following purposes: For (3) consideration of rare plant species include management and any other scientific purposes or to enhance the and locations when planning landscape-altering activities on Federal propagation or survival of the species. management, recreational, access, and lands administered by the Department Regulations at 50 CFR 402.16 require other actions; (4) wildfire prevention of Energy, Department of Defense, U.S. Federal agencies to reinitiate when possible, and limiting their size; Fish and Wildlife Service, Bureau of consultation on previously reviewed and (5) development of propagation Reclamation, Bureau of Land actions in instances where we have techniques for rare species for Management, Army Corps of Engineers, listed a new species or subsequently reintroductions if populations go below and construction and management of designated critical habitat that may be thresholds. gas pipeline and power line rights-of- If these species are listed, funding for way by the Federal Energy Regulatory affected and the Federal agency has recovery actions will be available from Commission. retained discretionary involvement or a variety of sources, including Federal The Act and its implementing control over the action (or the agency’s budgets, State programs, and cost share regulations set forth a series of general discretionary involvement or control is grants for non-Federal landowners, the prohibitions and exceptions that apply authorized by law). Consequently, academic community, and to all threatened plants. All prohibitions Federal agencies may sometimes need to nongovernmental organizations. In of section 9(a)(2) of the Act, request reinitiation of consultation with addition, pursuant to section 6 of the implemented by 50 CFR 17.61, apply. us on actions for which formal Act, the State of Washington would be These prohibitions, in part, make it consultation has been completed, if eligible for Federal funds to implement illegal for any person subject to the those actions with discretionary management actions that promote the jurisdiction of the United States to involvement or control may affect protection and recovery of Umtanum import or export, transport in interstate subsequently listed species or desert buckwheat and White Bluffs or foreign commerce in the course of a designated critical habitat. bladderpod. Information on our grant commercial activity, sell or offer for sale Questions regarding whether specific programs that are available to aid in interstate or foreign commerce, or activities would constitute a violation of species recovery can be found at: remove and reduce the species to section 9 of the Act should be directed http://www.fws.gov/grants. possession from areas under Federal Although Umtanum desert buckwheat jurisdiction. Seeds from cultivated to our Washington Fish and Wildlife and White Bluffs bladderpod are only specimens of cultivated plants are Office (see FOR FURTHER INFORMATION proposed for listing under the Act at exempt from these prohibitions CONTACT). Requests for copies of the this time, please let us know if you are provided that their containers are regulations concerning listed animals interested in participating in recovery marked ‘‘Of Cultivated Origin.’’ Certain and general inquiries regarding efforts for this species. Additionally, we exceptions to the prohibitions apply to prohibitions and permits may be invite you to submit any new agents of the Service and State addressed to the U.S. Fish and Wildlife information on this species whenever it conservation agencies. At this time, Service, Endangered Species Permits, becomes available and any information there are no existing regulatory Eastside Federal Complex, 911 NE. 11th you may have for recovery planning mechanisms that provide protection for Avenue, Portland, Oregon 97232–4181 purposes (see FOR FURTHER INFORMATION State-listed plants in Washington, even (telephone (503) 231–6158; facsimile CONTACT). if endangered. In addition, since (503) 231–6243).

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Critical Habitat implement reasonable and prudent sources of information as the basis for alternatives to avoid destruction or recommendations to designate critical Background adverse modification of critical habitat. habitat. Critical habitat is defined in section 3 Under the first prong of the Act’s When we determine which areas of the Act as: definition of critical habitat, areas should be designated as critical habitat, (1) The specific areas within the within the geographical area occupied our primary source of information is geographical area occupied by the by the species at the time it was listed generally the information developed species, at the time it is listed in are included in a critical habitat during the listing process for the accordance with the Act, on which are designation if they contain physical or species. Additional information sources found those physical and biological biological features (1) which are may include the recovery plan for the features essential to the conservation of the species, articles in peer-reviewed (a) Essential to the conservation of the species, and (2) which may require journals, conservation plans developed species; and special management considerations or by States and counties, scientific status (b) Which may require special protection. For these areas, critical surveys and studies, biological management considerations or habitat designations identify, to the assessments, or other unpublished protection; and extent known using the best scientific materials and expert opinion or (2) Specific areas outside the and commercial data available, those personal knowledge. geographical area occupied by the physical or biological features that are Habitat is often dynamic, and species species at the time it is listed, upon a essential to the conservation of the may move from one area to another over determination that such areas are species (such as space, food, cover, and time. We recognize that critical habitat essential for the conservation of the protected habitat). In identifying those designated at a particular point in time species. physical or biological features within an may not include all of the habitat areas Conservation, as defined under area, we focus on the principal that we may later determine are section 3 of the Act, means to use, and biological or physical constituent necessary for the recovery of the the use of, all methods and procedures elements (primary constituent elements species. For these reasons, a critical that are necessary to bring an such as roost sites, nesting grounds, habitat designation does not signal that endangered or threatened species to the seasonal wetlands, water quality, tide, habitat outside the designated area is point at which the measures provided soil type) that when combined compose unimportant or may not be required for pursuant to the Act are no longer the features essential to the conservation recovery of the species. Areas that are necessary. Such methods and of the species. important to the conservation of the procedures include, but are not limited Under the second prong of the Act’s species, but are outside the critical to, all activities associated with definition of critical habitat, we can habitat designation, will continue to be scientific resources management such as designate critical habitat in areas subject to: (1) Conservation actions we research, census, law enforcement, outside the geographical area occupied implement under section 7(a)(1) of the habitat acquisition and maintenance, by the species at the time it is listed, Act, (2) regulatory protections afforded propagation, live trapping, and upon a determination that such areas by the requirement in section 7(a)(2) of transplantation, and, in the are essential for the conservation of the the Act for Federal agencies to ensure extraordinary case where population species. For example, an area currently their actions are not likely to jeopardize pressures within a given ecosystem occupied by the species but that was not the continued existence of any cannot be otherwise relieved, may occupied at the time of listing may be endangered or threatened species, and include regulated taking. essential to the conservation of the (3) the prohibitions of section 9 of the Critical habitat receives protection species and may be included in the Act if certain actions occurring in these under section 7 of the Act through the critical habitat designation. We areas may affect the species. Federally prohibition against Federal agencies designate critical habitat in areas funded or permitted projects affecting carrying out, funding, or authorizing the outside the geographical area occupied listed species outside their designated destruction or adverse modification of by a species only when a designation critical habitat areas may still result in critical habitat. Section 7(a)(2) requires limited to its current range would be jeopardy findings in some cases. consultation on Federal actions that inadequate to ensure the conservation of Similarly, critical habitat designations may affect critical habitat. The the species. made on the basis of the best available designation of critical habitat does not Section 4 of the Act requires that we information at the time of designation affect land ownership or establish a designate critical habitat on the basis of will not control the direction and refuge, wilderness, reserve, preserve, or the best scientific data available. substance of future recovery plans, other conservation area. Such Further, our Policy on Information habitat conservation plans (HCPs), or designation does not allow the Standards Under the Endangered other species conservation planning government or public to access private Species Act (published in the Federal efforts if new information available at lands. Such designation does not Register on July 1, 1994 (59 FR 34271)), the time of these planning efforts require implementation of restoration, the Information Quality Act (section 515 warrants otherwise. recovery, or enhancement measures by of the Treasury and General non-Federal landowners. Where a Government Appropriations Act for Prudency Determination landowner seeks or requests Federal Fiscal Year 2001 (Pub. L. 106–554; H.R. Section 4(a)(3) of the Act, as agency funding or authorization for an 5658)), and our associated Information amended, and implementing regulations action that may affect a listed species or Quality Guidelines, provide criteria, (50 CFR 424.12), require that, to the critical habitat, the consultation establish procedures, and provide maximum extent prudent and requirements of section 7(a)(2) of the guidance to ensure that our decisions determinable, the Secretary designate Act would apply, but even in the event are based on the best scientific data critical habitat at the time the species is of a destruction or adverse modification available. They require our biologists, to determined to be endangered or finding, the Federal action agency’s and the extent consistent with the Act and threatened. Our regulations (50 CFR the applicant’s obligation is not to with the use of the best scientific data 424.12(a)(1)) state that the designation restore or recover the species, but to available, to use primary and original of critical habitat is not prudent when

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one or both of the following situations designation of critical habitat. We the habitat requirements of these exist: (1) The species is threatened by therefore find that designation of critical species. In accordance with the Act and taking or other human activity, and habitat is prudent for Umtanum desert its implementing regulations at 50 CFR identification of critical habitat can be buckwheat and White Bluffs 424.12(e), we also consider whether expected to increase the degree of threat bladderpod. designating additional areas outside to the species; or (2) such designation of We also reviewed the available those currently occupied as well as critical habitat would not be beneficial information pertaining to the biological those occupied at the time of listing is to the species. needs of these species and habitat necessary to ensure the conservation of There is no documentation of characteristics where they occur. This the species. These sources of commercial or private collection of and other information represent the best information included, but were not Umtanum desert buckwheat or White scientific data available, and the limited to: Bluffs bladderpod. Although that available information is sufficient for us 1. Data used to prepare the proposed activity is identified as a possible but to identify areas to propose as critical rule to list the species; unlikely threat to the species, the habitat. Therefore, we conclude that the 2. Information from biological significance of collection to the viability designation of critical habitat is surveys; of the species’ populations is not determinable for both species. 3. Peer-reviewed articles, various known. In the absence of a finding that agency reports and databases from the the designation of critical habitat would Physical or Biological Features Washington Department of Natural increase threats to a species, if there are In accordance with sections 3(5)(A)(i) Resources Natural Heritage Program and any benefits to a critical habitat and 4(b)(1)(A) of the Act and the the Hanford National Monument/Saddle designation, then a prudent finding is regulations at 50 CFR 424.12, in Mountain National Wildlife Refuge; warranted. The potential benefits determining which areas within the 4. Information from the U.S. include: (1) Triggering consultation geographical area occupied at the time Department of Energy and other under section 7 of the Act, in new areas of listing to propose as critical habitat, governmental cooperators; for actions in which there may be a we consider the physical and biological 5. Information from species experts; Federal nexus where it would not features (PBF’s) essential to the 6. Data and information presented in otherwise occur because, for example, it conservation of the species that may academic research theses; and 7. Regional Geographic Information is or has become unoccupied or the require special management System (GIS) data (such as species occupancy is in question; (2) focusing considerations or protection. These may occurrence data, land use, topography, conservation activities on the most include, but are not limited to: essential features and areas; (1) Space for individual and aerial imagery, soil data, and land (3) providing educational benefits to population growth and for normal ownership maps) for area calculations State or county governments or private behavior; and mapping. entities; and (4) preventing people from (2) Food, water, air, light, minerals, or The long-term survival and recovery causing inadvertent harm to the species. other nutritional or physiological of Umtanum desert buckwheat and The primary regulatory effect of requirements; White Bluffs bladderpod is dependent critical habitat is the section 7(a)(2) (3) Cover or shelter; upon protecting existing populations by requirement that Federal agencies (4) Sites for breeding, reproduction, or maintaining ecological function within refrain from taking any action that rearing (or development) of offspring; these sites, including preserving the destroys or adversely modifies critical and integrity of the unique soils and habitat. At this time, Umtanum desert (5) Habitats that are protected from connectivity between occurrences to buckwheat and White Bluffs bladderpod disturbance or are representative of the facilitate pollinator activity. It is also occur only on Federal, State, and private historical, geographical, and ecological dependent on maintaining these areas lands along the Hanford Reach of the distributions of a species. free of habitat-disturbing activities, Columbia River in Washington State. We derive the specific PBF’s required including trampling, the exclusion of Lands proposed for designation as for Umtanum desert buckwheat and invasive, nonnative plant species, and critical habitat would be subject to White Bluffs bladderpod from studies of managing the risk of wildfire. Because Federal actions that trigger section 7 each species’ habitat, ecology, and life the areas of unique soils cover a consultation requirements. These history as described above in the relatively small area within the larger include land management planning, proposed listing rule. We have shrub steppe matrix, we did not restrict Federal agency actions, and permitting determined that the PBFs described the designation to individual occupied by the Saddle Mountain National below are essential for these species. patches, but included adequate adjacent Wildlife Refuge/Hanford Reach National The criteria used to identify the shrub steppe habitat to provide for Monument. There may also be geographical location of the proposed ecosystem function. This contiguous educational or outreach benefits to the critical habitat areas for both species is habitat provides the requisite physical designation of critical habitat. These described following the Proposed or biological features for both Umtanum benefits include the notification of Critical Habitat Designation sections desert buckwheat and White Bluffs lessees and the general public of the below (see Criteria Used To Identify bladderpod, including diverse native importance of protecting the habitats of Critical Habitat). flowering plants and habitat to support both of these rare species. pollinators, and provides the essential In the case of Umtanum desert Criteria Used To Identify Critical feature of habitat free from disturbances, buckwheat and White Bluffs Habitat such as invasive species and bladderpod, these aspects of critical As required by section 4(b)(2) of the recreational trampling. We used the habitat designation would potentially Act, in developing this proposed rule following criteria to select areas for benefit the conservation of both species. we used the best scientific data inclusion in critical habitat: (a) The Therefore, if the threat of commercial or available to propose critical habitat for geographical areas containing the entire private collection exists for either both Umtanum desert buckwheat and distribution of habitat occupied by species, it is outweighed by the White Bluffs bladderpod. We reviewed Umtanum desert buckwheat and White conservation benefits derived from the available information that pertains to Bluffs bladderpod at the time of the

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proposed listing, because they are each pollinators that nest, feed, and When determining proposed critical found in only single populations and reproduce in areas adjacent to the habitat boundaries, we made every our goal is to maintain the current occupied critical habitat areas. effort to avoid including developed species extent and genetic variability; Although Umtanum desert buckwheat areas such as lands covered by (b) areas that provide the physical and and White Bluffs bladderpod are visited buildings, pavement, other structures, biological features necessary to support by a variety of likely pollinators, only tilled farm lands and orchards on the species’ life-history requirements; one insect pollinator species has been private property, because such lands and (c) areas that provide connectivity verified to date; the bumblebee (Bombus lack physical or biological features for within and between habitat for each centralis) has been confirmed as a Umtanum desert buckwheat and White species, and adjacent shrub steppe pollinator for Umtanum desert Bluffs bladderpod. The scale of the habitat that provides for pollinator life- buckwheat (Arnett 2011b, pers. comm.). maps we prepared under the parameters history needs. As stated earlier, Bombus did not for publication within the Code of The first step in delineating proposed appear to be an appropriate surrogate to Federal Regulations may not reflect the critical habitat units was to identify all determine pollinator distance for either exclusion of such developed lands. areas that contained Umtanum desert Umtanum desert buckwheat or White Therefore, if the critical habitat is buckwheat or White Bluffs bladderpod Bluffs bladderpod because of their finalized as proposed, a Federal action populations, which was accomplished relatively long-distance foraging involving such developed lands would during the summer of 2011. We are capabilities. Instead, we delineated an not trigger section 7 consultation with proposing to designate critical habitat effective pollinator use area based on respect to critical habitat and the within and around all occurrences of the flight distances of solitary bees, a requirement of no adverse modification, both populations to conserve genetic group of important noncolonial unless the specific action would affect variability. These areas are pollinators with a relatively limited the physical and biological features in representative of the entire known flight distance. Research literature on the adjacent critical habitat. historical geographic distribution of the flight distances was available for this species. We then analyzed areas outside group (Gathmann and Tscharntke (2002, Umtanum Desert Buckwheat the population to identify unoccupied p. 758)), of which numerous Space for Individual Population Growth habitat areas essential for the representatives of the genera and for Normal Behavior conservation of the species. The Chelostoma, Megachile, and Osmia are proposed designations take into account found in shrub steppe habitat in the Umtanum desert buckwheat is highly those features that are essential to Hanford Reach area. Species within restricted in its distribution. The only Umtanum desert buckwheat or White other solitary bee genera such as known population occurs at elevations Bluffs bladderpod, including the Andrena, Anthophora, Habropoda, ranging between 340–400 m (1,115– presence of unique soils, unique habitat Hoplitis, and Lasioglossum have also 1,310 ft) on flat to gently sloping conditions within the area, and the been identified on the Hanford substrate at the top edge of a steep, condition of the surrounding landscape Installation (Evans 2011, pers. comm.). north-facing basalt cliff of Umtanum features necessary to support This methodology assumes that Ridge overlooking the Columbia River. pollination, and possibly other life- potential pollinators with long-range Approximately 5,000 plants occur in a history requirements. flight capabilities would be able to use narrow band 1.6 km (1 mi) in length and We do not know if the lack of this proximal habitat as well (see generally less than 30 m (100 ft) wide pollinators is a limiting factor, but in the Physical and Biological Features (Reveal et al. 1995, p. 353). However, absence of other information and section). individual plants have been found up to knowing that both species are largely Because the population occurrences 150 m (490 ft) above the cliff breaks insect-pollinated, we believe it is of Umtanum desert buckwheat and (Arnett 2011b, pers. comm.), and prudent to identify an area adjacent to White Bluffs bladderpod are linear in scattered plants occur on the steep cliff- the occupied areas as unoccupied arrangement, we established the face below the breaks (Dunwiddie et al. critical habitat to support pollinator occupied critical habitat areas by 2001, p. 60). species. The outer boundary of the connecting the known coordinates for Umtanum desert buckwheat is found proposed critical habitat designation occurrences, using GIS. The mean width exclusively on soils over exposed basalt was primarily determined based on the for the occupied areas was estimated from the Lolo Flow of the Wanapum flight distances of insect pollinators, based on monitoring and transect data Basalt Formation at the far southeastern which are essential to the conservation compiled by species experts. The end of Umtanum Ridge in Benton of both species. Using Geographical estimated mean width for Umtanum County, Washington. This type of Information Systems (GIS), we included desert buckwheat was determined to be landform in the lower Columbia Basin an area of native shrub steppe 30 m (100 ft), and 50 m (165 ft) for is determined by the underlying basalts, vegetation approximately 300 m (980 ft) White Bluffs bladderpod. We then which may be exposed above the soil on around the population to provide established a 300-m (980-ft) unoccupied ridge tops or where wind and water habitat of sufficient quantity and quality critical habitat polygon surrounding the erode the fine soils away (Sackschewski to support Umtanum desert buckwheat mean occupied habitat width to identify and Downs 2001, p. 2.1.1). The Lolo and White Bluffs bladderpod. This insect pollinator habitat that is essential flow surface material commonly has a boundary was selected because we for the conservation of both species. We high porosity and permeability. The cliff believe it provides the minimum area then mapped the critical habitat unit area has weathered to pebble- and needed to sustain an active pollinator boundaries for each of the two species gravel-sized pieces of vesicular basalt community for both species, based on based on the above criteria, using aerial (basalt that contains tiny holes formed the best available scientific information imagery, 7.5 minute topographic maps, due to gas bubbles in lava or magma) (see Arnett 2011b; Evans pers. comm., contour data, WDNR Natural Heritage and is sparsely vegetated where the 2001, discussed below). This distance and Washington Department of species is found. It is unknown if the does not include all surrounding habitat Transportation data to depict the critical close association of Umtanum desert potentially used by pollinators, but habitat designation, gather ownership, buckwheat with the lithosols of the Lolo provides sufficient habitat for those and acreage information. Flow is related to the chemical

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composition or physical characteristics Basalt Formation as a physical and the size of the areas they utilize. Knight of the particular parent bedrock on biological feature essential to the et al. (2005, p. 1,816) observed a which it is found, or other factors conservation for Umtanum desert maximum foraging distance between (Reveal et al. 1995, p. 354); however, buckwheat. These areas are sparsely 450–760 m (1,475–2,500 ft), and that particular mineralogy is not known vegetated, with less than 10 percent foraging ranges between 62–180 ha from any other location. estimated total cover (including (150–450 ac), based on studies of four Therefore, based on the information Umtanum desert buckwheat) within the species of Bombus species. Because of above, we identify weathered Wanapum population and less than 5 percent these conspecific differences, we basalt cliffs, and adjacent outcrops, cliff cover by species other than Umtanum concluded that bumble bee foraging breaks, and flat or gently sloping cliff desert buckwheat, and less than 1 distances may not be representative of tops with exposed pebble and gravel percent nonnative or invasive plants the suite of pollinators that may be soils as a physical or biological feature (Arnett 2001, pers. comm.). Areas of available to Umtanum desert essential to the conservation for sparse vegetation are required to buckwheat. Based on the limited Umtanum desert buckwheat. minimize nonnative plant competition, distribution of Umtanum desert Food, Water, Air, Light, Minerals, or minimize conditions that promote the buckwheat and the lack of foraging data Other Nutritional or Physiological accumulation of fuels, and provide for for Bombus centralis, we determined Requirements the recovery of the species. that generalized Bombus foraging range data may not be an appropriate Sites for Breeding, Reproduction, or The presence of unique soil structure surrogate for determining Umtanum Rearing (or Development) of Offspring and/or chemistry may determine where desert buckwheat pollinator distance a rare plant species exists. Umtanum The availability of insect pollinators requirements. desert buckwheat is found exclusively is essential to conserve Umtanum desert We next considered using the flight on pebbly lithosol soils over exposed buckwheat. Based on the results of a distances of solitary bees (individual, basalt from the Lolo Flow of the Priest pollinator exclusion study, the species noncolonial bees) to determine the Rapids Member of the Wanapum Basalt is probably capable of at least limited effective pollinator distance for the Formation. The flow surface material amounts of self-pollination, although species. Numerous Families of this commonly has a high porosity and the percentage of seedset in the absence Order (Hymenoptera) have been permeability and typically contains of pollinators appears to be low (TNC observed in shrub steppe habitats small (< 5 mm, (0.2 in)) crystals of the 1998, p. 8; Reveal et al. 1995, p. 355). within the Hanford Reach, including the mineral olivine and rare (occasional) A variety of potential insect pollinators Genera Andrena, Anthophora, clusters of plagioclase crystals, and has been observed on Umtanum desert Chelostoma, Habropoda, Hoplitis, differs from the other members of the buckwheat flowers, including ants, Lasioglossum, Megachile, and Osmia, Wanapum Formation. Basalts of the beetles, flies, spiders, moths, and among others (Evans 2011, pers. comm.) Lolo Flow contain higher titanium butterflies (TNC 1998, p. 8). Wasps from and are likely to be among the dioxide and lower iron oxide than the the families Vespidae and Typhiidae pollinators of Umtanum desert neighboring Rosalia Flow, also of the and from the species Criosciolia have buckwheat. Priest Rapids Member (Reidel and Fecht been observed near, but not on, the Solitary bees have fairly short foraging 1981, p. 3–13). species. A bumble bee species, Bombus distances within similar habitat types, It is unknown if the distribution of centralis (no common name), has also which is suggested as being between Umtanum desert buckwheat prior to been observed utilizing the flowers of 150–600 m (495–1,970 ft) (Gathmann European settlement was different from Umtanum desert buckwheat (Arnett and Tscharntke (2002, pp. 760–762)). the species’ current distribution, but it 2011b, pers. comm.). Insect collection Three genera are found in common with is likely that the species has been and identification efforts by Washington those studied in Gathmann and confined to this location during at least State University on the Hanford Reach Tscharntke (2002) in the Hanford Reach; the last 150 years, which indicates an documented approximately 2,500 Chelostoma, Megachile, and Osmia. isolated soil exposure, unique within different species of invertebrates, 42 of Although the specific insect pollinator the broader Columbia Basin landscape. which were new to science (WNPS species and their foraging distances are The physiological and soil nutritional 2004, p. 3). not known, we believe 300 m (980 ft) needs of Umtanum desert buckwheat Since pollination is essential to the represents a reasonable mid-range are not known at this time. Other conservation of Umtanum desert estimate of the area needed around the locations containing apparently suitable buckwheat, we evaluated alternatives Umtanum desert buckwheat population habitat have been intensively searched for determining the effective pollinator to provide sufficient habitat for the since the species’ discovery in 1995, distance for this species. Since specific pollinator community. As noted above, and no additional individuals or known pollinators are mostly unknown many other insects likely contribute to populations have been found. The for the species and the species is likely the pollination of this species, and some factors limiting the species’ distribution frequented by several pollinators, we may travel greater distances than are unknown, but could be related to investigated delineating an effective solitary bees. However, these pollinators microsite differences (such as nutrient pollinator distance based on foraging may also forage, nest, overwinter, or availability, soil microflora, soil texture, distances of the species’ only known reproduce within 300 m (980 ft) of or moisture). Additional research is pollinator, the bumble bee (Bombus Umtanum desert buckwheat plants. As needed to determine the specific spp.). Bumble bee species are internally a result, we limited the Umtanum desert nutritional and physiological guided to use a plant species as long as buckwheat pollinator support area to requirements for Umtanum desert flowers are rewarding and nearby, but 300 m (980 ft) around the population, buckwheat. will otherwise change to different based on the rationale that pollinators Therefore, based on the information species (Chittka et al. 1997, p. 248). using habitat farther away may not be as above, we identify the pebbly lithosol Foraging ranges for Bombus are greater likely to contribute to the conservation talus soils derived from surface and consistent within species; however, and recovery of this species. weathering of the Lolo Flow of the there are substantial differences Vegetation cover in the vicinity of Priest Rapids Member of the Wanapum between species in foraging ranges and Umtanum desert buckwheat is low

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when compared with other shrub steppe Habitats Protected From Disturbance or on the features’ primary constituent sites, which may be related to substrate Representing Historical, Geographical, elements. We consider primary chemistry. Common perennial and Ecological Distributions constituent elements to be the specific associates and habitat for the pollinators The Umtanum desert buckwheat compositional elements of physical and listed above include Artemisia population has a discontinuous biological features that are essential to tridentata (Wyoming big sagebrush), distribution along a narrow, 1.6-km the conservation of the species. Based on our current knowledge of Grayia spinosa (spiny hopsage), (1-mi) long portion of Umtanum Ridge the physical or biological features and Krascheninnikovia lanata (winterfat), (Dunwiddie et al. 2001, p. 59). The the habitat characteristics required to Eriogonum sphaerocephalum (round- entire known population exists within a sustain the species’ life-history process, headed desert buckwheat), Salvia dorrii narrow corridor at the top edge of the we have determined that the primary (purple sage), Hesperostipa comata steep, north-facing basalt cliffs where constituent elements specific to (needle and thread grass), human traffic could be expected to Umtanum desert buckwheat are: Pseudoroegneria spicata (bluebunch concentrate. The plants respond 1. Primary Constituent Element 1— wheatgrass), Poa sandbergii (Sandberg negatively to trampling or crushing and North to northeast facing, weathered bluegrass), Sphaeralcea munroana are extremely sensitive following such basalt cliffs of the Wanapum Formation (Munro’s globemallow), Astragalus damage. In one instance, within 2 days at the far eastern end of Umtanum Ridge caricinus (buckwheat milkvetch), and of being run over by trespassing dirt in Benton County that contain outcrops, Balsamorhiza careyana (Carey’s bikes, portions of damaged plants cliff breaks, slopes, and flat or gently balsamroot). Common annual associates showed signs of further decline, and in sloping cliff tops with exposed pebble include Bromus tectorum (cheatgrass), some cases mortality, as evidenced by and gravel soils; Phacelia linearis (threadleaf phacelia), damaged plants that later died (TNC 2. Primary Constituent Element 2— Gilia leptomeria (great basin gilia), G. 1998, p. 62). Pebbly lithosol talus soils derived from inconspicua sweetvar. Sinuata (rosy Fire appears to readily kill the slow- surface weathering of the top of the Lolo gilia), Camissonia minor (small evening growing Umtanum desert buckwheat Flow of the Priest Rapids Member of the primrose), Mentzelia albicaulis plants, especially in areas with higher Wanapum Formation; (whitestem blazingstar), and Cryptantha fuel levels. Because of the rocky talus 3. Primary Constituent Element 3— soils and a relatively low fire frequency, pterocarya (wing-nut cryptantha) Sparsely vegetated habitat (less than 10 the species is confined to a few meters (Reveal et al. 1995, p. 354; Caplow and percent total cover), containing low of upper cliff slope, cliff breaks, and Beck 1996, p. 40). Although percent amounts of nonnative or invasive plant tops. Fires increase the risk of invasion vegetative cover is low in close species (less than 1 percent cover); of nonnative or invasive species, proximity to E. codium, species 4. Primary Constituent Element 4— particularly cheatgrass, which competes The presence of insect pollinator diversity within the adjacent plant with Umtanum desert buckwheat for community is fairly high. Nearby species; and space and moisture. In turn, the 5. Primary Constituent Element 5— vegetative patches with more dense establishment and growth of highly The presence of native shrub steppe vegetative cover offer increased vertical flammable and often continuous habitat within the effective pollinator habitat structure and plant species cheatgrass increases the likelihood of distance (300 m (approximately 980 ft)) diversity within the foraging distances fire, potentially elevating the risk of around the population. of potential pollinators. impacting the Umtanum desert Umtanum desert buckwheat occurs In order for Umtanum desert buckwheat population in the future. The only as a single population located buckwheat genetic exchange to occur, substrate that supports Umtanum desert within a single site. With this proposed pollinators must be able to move freely buckwheat likely had a lower vegetation designation of critical habitat, we intend between plants. Additional pollen and cover prior to the introduction of to identify the physical and biological nectar sources (other plant species cheatgrass in the 1800s. Fire is a features essential to the conservation of within the surrounding sagebrush primary threat to Umtanum desert the species, through the identification of vegetation) are also needed to support buckwheat, and will likely become a the appropriate quantity and spatial pollinators when the species is not greater threat if the frequency or severity arrangement of the primary constituent flowering. This surrounding and of fires increases (TNC 1998 p. 9; elements sufficient to support the life- adjacent habitat will protect soils and Dunwiddie et al. 2001, pp. 59, 62, 66). history processes of the species. pollinators from disturbance, slow the Therefore, based on the information above, we identify the stable cliff and Special Management Considerations or invasion of the site by nonnative soil structure that is protected from Protection species, and provide a diversity of human-caused trampling and at a low When designating critical habitat, we habitats needed by Umtanum desert risk of wildfire as a physical and assess whether the specific areas within buckwheat and its pollinators. biological feature essential to the the geographical area occupied by the Therefore, based on the information conservation for Umtanum desert species at the time of listing contain above, we identify the presence of insect buckwheat. This habitat contains little features that are essential to the pollinators as a physical and biological or no surface disturbance and is conservation of the species and that may feature essential to the conservation for surrounded by diverse native pollinator require special management Umtanum desert buckwheat. Insect habitat. considerations or protection. All areas pollinators require a diversity of native proposed for designation as critical plants, whose blooming times overlap to Primary Constituent Elements for habitat as described below may require provide sufficient flowers for foraging Umtanum Desert Buckwheat some level of management to address throughout the seasons, nesting and egg- Under the Act and its implementing the current and future threats to the laying sites, appropriate nesting regulations, we are required to identify physical and biological features materials, and sheltered, undisturbed the physical and biological features essential to the conservation of places for hibernation and essential to the conservation of Umtanum desert buckwheat. In all of overwintering. Umtanum desert buckwheat, focusing the described units, special management

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may be required to ensure that the Umtanum desert buckwheat from fire contribute to the protection of the habitat is able to provide for the escaping from other ownerships. primary constituent elements (and biological needs of the species. Further studies leading to an physical or biological features) by: Public access without security enhancement or reintroduction plan (1) Using a map of ‘‘sensitive resources’’ may be necessary to increase population clearance is currently prohibited at the on the site during implementation, size and prepare for recovery post- Umtanum desert buckwheat site, including the location of Umtanum wildfire. More research is needed to reducing the risk of trampling or desert buckwheat habitat; (2) requiring a determine habitats most suitable for crushing the plants by ORV use. Special biologist to assist the command staff in expansion of the current population. In management to protect the proposed protecting these environments during summary, special management wildfire suppression efforts; and (3) critical habitat areas and the features considerations or protections should essential to the conservation of restricting public access to the entire address activities that would be most Umtanum desert buckwheat site, Umtanum desert buckwheat from the likely to result in the loss of Umtanum effects of the current wildfire regime including the proposed pollinator use desert buckwheat plants or the area. may include preventing or restricting disturbance, compaction, or other the establishment of invasive, nonnative negative impacts to the species’ habitat. Proposed Critical Habitat Designation plant species, post-wildfire restoration These activities could include, but are We are proposing one unit as critical with native plant species, and reducing not limited to, recreational activities the likelihood of wildfires affecting the habitat for the Umtanum desert and associated infrastructure, off-road buckwheat population. The critical population and nearby plant community vehicle activity, dispersed recreation, habitat area described below constitutes components. These actions may be wildfire, and wildfire suppression our best assessment of areas that meet achieved by detailed fire management activities. planning by the DOE (the landowner), the definition of critical habitat for including rapid response and mutual Existing Conservation Measures Umtanum desert buckwheat. Within support agreements between the DOE, A fire management plan has been this unit, no subunits have been the Monument, the U.S. Department of completed for the Hanford installation identified. the Army, Bureau of Land Management, (DOE 2011, p. 93) and recently revised The approximate size and ownership and the Washington Department of Fish to incorporate more detailed of the proposed Umtanum Ridge critical and Wildlife for wildfire control. These management objectives and standards. habitat unit is identified in Table 6 agreements should contain sufficient Though not intended to specifically below. The single unit contains detail to identify actions by all partners address Umtanum desert buckwheat, currently occupied critical habitat and necessary to protect habitat for implementation of this plan will unoccupied habitat surrounding it.

TABLE 6—PROPOSED CRITICAL HABITAT UNIT FOR UMTANUM DESERT BUCKWHEAT [Area estimates reflect all land within the critical habitat unit boundaries; values are rounded to the nearest tenth]

Occupied critical Unoccupied habitat in critical habitat Percent by Total hectares Unit name Land ownership hectares in hectares ownership (acres) (acres) (acres)

Umtanum Ridge, WA ...... Federal ...... 5.7 (14.2) 133.5 (329.9) 100 139.3 (344.1) State ...... Private ......

Unit Total ...... 5.7 (14.2) 133.5 (329.9) 100 139.3 (344.1)

White Bluffs Bladderpod lacustrine deposits of clay, sand, and to, the bluffs (Lindsey 1997, p. 12). In silt (Newcomb 1958, p. 330). addition, field investigations have Physical and Biological Features The upper part of the Ringold determined that Lesquerella (now Space for Individual and Population Formation is a heavily calcified and Physaria) plants can be outcompeted by Growth and for Normal Behavior silicified cap layer that exists to a depth nonnative, weedy plant species of at least 4.6 m (15 ft). This layer is associated with irrigation projects and White Bluffs bladderpod is only geologically referred to as ‘‘caliche,’’ other disturbance (TNC 1998, p. 5). known from a single population that although it lacks the nitrate constituents Therefore, based on the information occurs in a narrow band approximately found in true caliche. The caliche-like above, we identify the weathered cliffs 10 m (33 ft) wide by 17 km (10.6 mi) layer is a resistant caprock underlying a at approximately 210–275 m (700– long, at the upper edge of the White 275–305 m (900–1,000 ft) plateau 900 ft) above sea level of the White Bluffs of the Hanford Reach. The species extending north and east from the White Bluffs of the Ringold Formation exposed only occurs at the upper surface areas of Bluffs (Newcomb 1958, p. 330). by natural erosion as a physical and a near-vertical exposure of paleosol The entire population of White Bluffs biological feature essential to the (ancient, buried soil whose composition bladderpod is down-slope of irrigated conservation for White Bluffs may reflect a climate significantly agricultural land, and is being impacted bladderpod. The habitat includes the different from the climate now prevalent to differing degrees by landslides adjacent cliff breaks, moderate to gentle in an area). This surface material induced by water-seepage (see Factor slopes (<100 percent slope) to the toe of overlays several hundred feet of easily A). The potential for landslide is slope, and flat or gently sloping cliff eroded sediments of the Ringold greatest in the southern portion of the tops with exposed alkaline paleosols. Geologic Formation, a sedimentary species distribution where irrigated This habitat is stable with a minimal formation made up of soft Pliocene lands are closer to, or directly adjacent amount of landslide occurrence.

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Food, Water, Air, Light, Minerals, or Larvae of a species of Cecidomyiid fly Species diversity within the Other Nutritional or Physiological have been observed infesting and surrounding plant community is quite Requirements destroying flowering buds, and another high, and the presence of increased The White Bluffs area was submerged unidentified insect species has been vegetative cover nearby offers more during the larger ice-age floods until observed boring small holes in young habitat structure and plant species about 3 million years ago and was seed capsules and feeding on diversity within the presumed effective protected from high flow events by the developing ovules, although the overall flight distances of potential pollinators. In order for genetic exchange to occur Saddle Mountains to the north. As a positive or negative effects of these between White Bluffs bladderpod result, the area experienced little or no insect species to the plant are unknown. individuals, pollinators must be able to erosion. A thin layer of ancient White Bluffs bladderpod appears to be move freely between plants. Additional slackwater flood deposits overlay the served by several pollinators, including pollen and nectar sources (other plant older paleosols and resistant cap butterflies, flies, wasps, bumblebees, species within the surrounding deposits (Bjornstad and Fecht 2002, p. moths, beetles, and ant species. The sagebrush vegetation) are also needed to 15). White Bluffs bladderpod occurs presence of nearby habitat for support pollinators during times when only on or near exposed, weathered, pollinators is essential to conserving White Bluffs bladderpod is not highly alkaline, calcium carbonate cap White Bluffs bladderpod, although little is currently known about the flowering. This surrounding and deposits and may be an obligate adjacent habitat will protect soils and calciphile (a plant which grows well on reproductive biology of the species. The effective pollinator distance for this pollinators from disturbance, slow the chalky or alkaline soils), as are many of invasion of the site by nonnative the endemic Lesquerella (now Physaria) species was determined by applying research on known flight distances of species, and provide a diversity of species (Caplow 2006, p. 3). habitats needed by White Bluffs White Bluffs bladderpod plants are solitary bees (individual, noncolonial bees), which are known to pollinate bladderpod and its pollinators. found on several different types of soil Therefore, based on the information substrates, (e.g., paleosol, volcanic tuff, native species and commonly observed in shrub steppe habitat within the above, we identify insect pollinators as caliche, and ancient flood deposits), a physical and biological feature each of which presumably have a Hanford Reach. Research suggests that different species of solitary bees have essential to the conservation for White relatively high percentage of calcium Bluffs bladderpod. Insect pollinators carbonate (TNC 1998, p. 5). The species fairly short foraging distances within similar habitat types (Gathmann and require a diversity of native plants, is occasionally observed on the lower surrounding and adjacent to White slopes of the White Bluffs, which may Tscharntke 2002, p. 762); we assume other pollinating insects with longer- Bluffs bladderpod, whose blooming be related to ancient landslide zones or times overlap to provide them with weathering and disturbance factors that range flight capabilities would also utilize this habitat. sufficient flowers for foraging deposit alkaline soils down slope throughout the seasons and to provide Solitary bees foraging distances (Caplow and Beck 1996, p. 42). nesting and egg-laying sites, appropriate within similar habitat types is suggested Although there are scattered small nesting materials, and sheltered, as being between 150–600 m (495–1,970 exposures of similar caliche substrate in undisturbed places for hibernation and ft) (Gathmann and Tscharntke (2002, pp. coulees (i.e., deep ravines or gulches overwintering of pollinator species. that are usually dry, although formed by 760–762)). Absent specific data, we water) to the north, surveys have failed believe 300 m (980 ft) represents a Habitats Protected From Disturbance or to detect the species in those areas reasonable mid-range estimate of the Representing Historical, Geographical, (Rollins et al. 1996, p. 206). The area needed around the White Bluffs and Ecological Distributions physiological relationship between bladderpod population to provide White Bluffs bladderpod grows White Bluffs bladderpod and the high- sufficient habitat for solitary bees and exclusively on the upper edge and calcium carbonate soils of the White other pollinators. As noted above, many upper face of the White Bluffs adjacent Bluffs is uncertain; however, the other insects likely contribute to the to the Columbia River, where human particular combination of exposed soil pollination of White Bluffs bladderpod, use can be high. The majority of the types where the species occurs is not some may travel greater distances than population occurs within the Wahluke known from any other location. solitary bees, and some likely use Unit of the Hanford Reach National Therefore, based on the information habitat within the 300-m (980-ft) Monument/Saddle Mountain National above, we identify the weathered pollinator area described above. Wildlife Refuge. The Wahluke Unit is alkaline paleosols and mixed soils of the However, we limited the White Bluffs open for public access in some form in Ringold Formation that occur in a bladderpod pollinator support habitat to its entirety (USFWS 2008, p. 2–4). The narrow band within and around the 300 m (980 ft) around the population, habitat is arid, and vegetation is sparse exposed caliche-like cap containing a based on the rationale that pollinators within the population (Rollins et al. high percentage of calcium carbonate as using habitat farther away may not be as 1996, p. 206). The area supporting the a physical and biological feature likely to contribute to the conservation/ population has approximately 10–15 essential to the conservation of White recovery of this species. percent total vegetative cover. Species Bluffs bladderpod. This habitat is Common plant species associated other than White Bluffs bladderpod associated with the White Bluffs, and with White Bluffs bladderpod include: comprise less than 5 percent cover, and occurs between 210–275 m (700–900 ft) Artemisia tridentata (big sagebrush), nonnative or invasive plant species in elevation. Poa sandbergii (Sandberg’s bluegrass), comprise less than 1 percent cover Astragalus carieinus (buckwheat milk- (Arnett 2011c, pers. comm.). Much of Sites for Reproduction vetch), Eriogonum microthecum this area (85 percent) is on public land Washington State University (slender buckwheat), and Oryzopsis that is managed as an overlay national researchers on the Hanford Reach have hymenoides (Indian ricegrass). wildlife refuge on the Monument, and identified approximately 2,500 different Occasionally White Bluffs bladderpod is accessible by vehicle from a nearby species of invertebrates, 42 of which are numerous enough at some locations to State highway. Off-road vehicle (ORV) new to science (WNPS 2004, p. 3). be subdominant. use can impact the species by crushing

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plants, destabilizing the soil, and Based on our current knowledge of appropriate signage for pedestrians and spreading seeds of invasive plants. the physical or biological features and ORV traffic across unprotected Within White Bluffs bladderpod habitat, the habitat characteristics required to boundaries with private and State land. ORV activity is prohibited on the sustain the species’ life-history process, Special management to protect the Hanford Reach National Monument we have determined that the primary proposed critical habitat areas from lands, intermittent on other Federal constituent elements specific to White irrigation-induced landslides could lands, and is most common on private Bluffs bladderpod are: include working with landowners lands. ORV use increases soil 1. Primary Constituent Element 1— through the U.S. Department of disturbance and erosion, and has been Weathered alkaline paleosols and mixed Agriculture (Natural Resources observed to destroy White Bluffs soils overlying the Ringold Formation. Conservation Service) to support water bladderpod individuals since this These soils occur within and around the conservation practices to reduce activity more often takes place on the exposed caliche-like cap deposits excessive groundwater charging. This more moderate slopes where the species associated with the White Bluffs of the program could be designed to increase occurs (Caplow and Beck 1996, p. 42). Ringold Formation, which contain a water efficiency as a savings and benefit Fire threatens White Bluffs high percentage of calcium carbonate. to agricultural producers as well. bladderpod by directly burning plants These features occur between 210–275 Management considerations could and opening new areas to the m (700–900 ft) in elevation. include coordination with the Bureau of establishment of invasive species. A 2. Primary Constituent Element 2— Reclamation to make water delivery to large wildfire burned through the Sparsely vegetated habitat (less than 10– its customers more efficient and route northern portion of the population in 15 percent total cover), containing low wastewater return such that it reduces July 2007. The observed decline in the amounts of nonnative or invasive plant groundwater infiltration. Special number of plants counted after the 2007 species (less than 1 percent cover). management to protect the proposed 3. Primary Constituent Element 3— fire was within a natural range of critical habitat area from the effects of The presence of insect pollinator variability (between highest and lowest wildfire may include preventing or species. counts) determined during survey restricting the establishment of invasive, 4. Primary Constituent Element 4— transects. The 2008–2011 monitoring nonnative plant species, post-wildfire The presence of native shrub steppe indicated the negative impacts of the restoration with native plant species, habitat within the effective pollinator burn were less than expected, since 76 and reducing the likelihood of wildfires distance (300 m (approximately 980 ft)). percent of the previous population affecting the nearby plant community 5. Primary Constituent Element 5— components. Many of these actions are numbers were observed the following The presence of stable bluff formations year. However, large-scale wildfires already in place, and need only with minimal landslide occurrence. refinement through detailed fire continue to be a threat to the existing White Bluffs bladderpod occurs only population (Newsome pers. comm. management planning to protect as a single population found within a proposed critical habitat by the 2008; Goldie pers. comm. 2008) by single location. With this proposed destroying pollinator habitat and Monument. designation of critical habitat, we intend In summary, special management facilitating competition with nonnative to identify the physical and biological considerations or protections should and invasive plant species that become features essential to the conservation of address activities that would be most established in openings created by the species, through the identification of likely to result in the loss of White wildfires. the appropriate quantity and spatial Bluffs bladderpod plants or the Therefore, based on the information arrangement of the primary constituent disturbance, compaction, or other above, we identify stable bluff elements sufficient to support the life- negative impacts to the species’ habitat formations and caliche-like alkaline history processes of the species. through landslides or other means. soils as a physical and biological feature These activities could include, but are essential to the conservation for White Special Management Considerations or Protection not limited to, dispersed recreation, off- Bluffs bladderpod. These areas (1) are at road vehicle activity, wildfire, and a low risk of wildfire, (2) are not open When designating critical habitat, we wildfire suppression activities. to motorized recreational use, (3) are assess whether the specific areas within protected from human-caused the geographical area occupied by the Existing Conservation Measures trampling, (4) have little or no surface species at the time of listing contain The Service has completed a disturbance, (5) are sparsely vegetated features that are essential to the comprehensive conservation plan for (i.e., have 10 to 15 percent total conservation of the species and that may the Hanford National Monument that vegetation cover), and (6) are require special management provides a strategy and general surrounded by native pollinator habitat. considerations or protection. Because conservation measures for rare plants the public can access the White Bluffs Primary Constituent Elements for White that may benefit White Bluffs bladderpod population, there is Bluffs Bladderpod bladderpod. This strategy includes increased risk for plants being trampled support for monitoring, invasive species Under the Act and its implementing and the spread of nonnative or invasive control, fire prevention, propagation, regulations, we are required to identify plants. To address this concern, the reintroduction and GIS support (USFWS the physical and biological features Hanford National Monument may 2008, pp. 2–64–2–65). The conservation essential to the conservation of White develop a management plan on lands of White Bluffs bladderpod is addressed Bluffs bladderpod in areas occupied at within its jurisdiction to protect the by acknowledging that protection is the time of listing, focusing on the areas proposed as critical habitat for needed, and that the plant is required to features’ primary constituent elements. White Bluffs bladderpod, while be addressed in any management action We consider primary constituent continuing to allow the public to enjoy (USFWS 2008, p. 3–95). elements to be the specific the area. Recreational access may be compositional elements of physical and managed and controlled by directing Proposed Critical Habitat Designation biological features that are essential to foot traffic away from the species, We are proposing one unit as critical the conservation of the species. installing fencing, and establishing habitat for the White Bluffs bladderpod

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population. The critical habitat area critical habitat for this population. critical habitat unit is identified in described below constitutes our best Within this unit, no subunits have been Table 7. The unit includes both assessment of that portion of the identified. The approximate size and occupied and unoccupied habitat. landscape that meets the definition of ownership of the proposed White Bluffs

TABLE 7—PROPOSED CRITICAL HABITAT AREA FOR WHITE BLUFFS BLADDERPOD [Area estimates reflect all land within critical habitat unit boundaries; values are rounded to the nearest tenth]

Occupied critical Unoccupied habitat in critical habitat Percent by Total hectares Unit name Land ownership hectares in hectares ownership (acres) (acres) (acres)

White ...... Federal ...... 87 (216) 884 (2,184) 84 971 (2,400) Bluffs ...... State ...... 2 (6) 14 (36) 2 17 (42) Private ...... 19 (47) 151 (372) 15 170 (419)

Total ...... 109 (269) 1,049 (2,592) 100 1,158 (2,861)

Effects of Critical Habitat Designation subject to the section 7 consultation or avoid the likelihood of destroying or process are actions that require a adversely modifying critical habitat. Section 7 Consultation Federal permit (such as a permit from Reasonable and prudent alternatives Umtanum Desert Buckwheat and White the U.S. Army Corps of Engineers under can vary from slight project Bluffs Bladderpod section 404 of the Clean Water Act (33 modifications to extensive redesign or Section 7(a)(2) of the Act requires U.S.C. 1251 et seq.) or a permit from the relocation of the project. Costs Federal agencies, including the Service, Service under section 10 of the Act) or associated with implementing a to ensure that any action they fund, that involve some other Federal action reasonable and prudent alternative are authorize, or carry out is not likely to (such as funding from the Natural similarly variable. jeopardize the continued existence of Resources Conservation Service or the Regulations at 50 CFR 402.16 require any endangered or threatened species, Bureau of Reclamation). Federal actions Federal agencies to reinitiate or result in the destruction or adverse not affecting listed species or critical consultation on previously reviewed modification of designated critical habitat, and actions on State, tribal, actions in instances where we have habitat of such species. In addition, local, or private lands that are not listed a new species or subsequently section 7(a)(4) of the Act requires federally funded or authorized, do not designated critical habitat that may be Federal agencies to confer with the require section 7 consultation. affected and the Federal agency has As a result of section 7 consultation, Service on any action which is likely to retained discretionary involvement or we document compliance with the jeopardize the continued existence of control over the action (or the agency’s requirements of section 7(a)(2) through any species proposed to be listed under discretionary involvement or control is our issuance of: authorized by law). Consequently, the Act or result in the destruction or (1) A concurrence letter for Federal adverse modification of proposed Federal agencies sometimes may need to actions that may affect, but are not request reinitiation of consultation with critical habitat. likely to adversely affect, listed species Decisions by the Fifth and Ninth us on actions for which formal or critical habitat; or consultation has been completed, if Circuit Courts of Appeals have (2) A biological opinion for Federal invalidated our regulatory definition of those actions with discretionary actions that may affect, or are likely to involvement or control may affect ‘‘destruction or adverse modification’’ adversely affect, listed species or critical (50 CFR 402.02) (see Gifford Pinchot subsequently listed species or habitat. designated critical habitat. Task Force v. U.S. Fish and Wildlife When we issue a biological opinion Service, 378 F. 3d 1059 (9th Cir 2004) concluding that a project is likely to Application of the Jeopardy and and Sierra Club v. U.S. Fish and jeopardize the continued existence of a Adverse Modification Standards Wildlife Service et al., 245 F.3d 434, listed species or destroy or adversely Jeopardy Standard 442F (5th Cir 2001)), and we do not rely modify critical habitat, we provide on this regulatory definition when reasonable and prudent alternatives to If either species were listed under the analyzing whether an action is likely to the project, if any are identifiable. We Act, the Service would apply an destroy or adversely modify critical define ‘‘reasonable and prudent analytical framework for jeopardy habitat. Under the statutory provisions alternatives’’ (at 50 CFR 402.02) as analyses relying heavily on the of the Act, the key factor in determining alternative actions identified during importance of habitat parameters at whether an action will destroy or consultation that: known population sites essential to the adversely modify critical habitat is (1) Can be implemented in a manner species’ survival and recovery. The whether, with implementation of the consistent with the intended purpose of Service would focus its section 7(a)(2) proposed Federal action, the affected the action; analysis not only on these populations critical habitat would continue to serve (2) Can be implemented consistent but also on the habitat conditions its intended conservation role for the with the scope of the Federal agency’s necessary to support them. species. legal authority and jurisdiction; The jeopardy analysis usually If a Federal action may affect a listed (3) Are economically and expresses the survival and recovery species or its critical habitat, the technologically feasible; and needs of the species in a qualitative responsible Federal agency (action (4) Would, in the Director’s opinion, fashion without making distinctions agency) must enter into consultation avoid the likelihood of jeopardizing the between what is necessary for survival with us. Examples of actions that are continued existence of the listed species and what is necessary for recovery.

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Generally, the jeopardy analysis would • New road construction or widening reduce pollination or seed set focus on the rangewide status of or existing road maintenance; (reproduction). Such activities could Umtanum desert buckwheat or White • New energy transmission lines, or include, but are not limited to: Bluffs bladderpod, the factors expansion of existing energy • Recreational development and responsible for those conditions, and transmission lines; associated infrastructure; and what is necessary for the species to • Maintenance of existing energy • Use of pesticides, mowing, fuels survive and recover. An emphasis transmission line corridors; management projects such as prescribed • would also be placed on characterizing Wildfire suppression and post- burning, and post-wildfire rehabilitation wildfire rehabilitation activities; the conditions of these species and their • activities using plant species that may habitat in the area that would be Activities that result in the burial of compete with Umtanum desert affected by a proposed Federal action, seeds such that germinants do not buckwheat or White Bluffs bladderpod. and the role of affected populations in successfully reach the soil surface to These activities could prevent or the survival and recovery of either flower and set seed; reduce successful reproduction by • Activities that result in compaction Umtanum desert buckwheat or White removal or destruction of reproductive that smoothes the surface, causing seeds Bluffs bladderpod. That context would plant parts and could impact the habitat to be carried away by wind or water due then be used to determine the needs of generalist insect pollinators to the lack of rough surface textures to significance of the adverse and through habitat degradation and capture seed; fragmentation, reducing the availability beneficial effects of the proposed • Activities that result in changes in of insect pollinators for either species. Federal action, and any cumulative soil composition leading to changes in The occupied areas proposed as effects for purposes of making the the vegetation composition, such as an critical habitat contain the physical and jeopardy determination. increase in invasive, nonnative plant cover within and adjacent to cliff break biological features essential to the Application of the ‘‘Adverse conservation of Umtanum desert Modification’’ Standard microsites, resulting in decreased density or vigor of individual Umtanum buckwheat and White Bluffs The key factor related to the adverse desert buckwheat or White Bluffs bladderpod, and are within the modification determination is whether, bladderpod plants; and historical geographic range of the with implementation of the proposed • Activities that result in changes in species. The unoccupied areas are Federal action, the affected critical soil permeability and increased runoff essential to the conservation of the habitat would continue to serve its that degrades, reduces, or eliminates species because they provide areas intended conservation role for the habitat necessary for growth and needed by insect pollinators. Federal species. Activities that may destroy or reproduction of either species. agencies would need to consult with us adversely modify critical habitat are (2) Actions within or near designated to ensure that their actions do not those that alter the physical or critical habitat areas that would result in jeopardize the continued existence of biological features to an extent that the significant alteration of intact, the species, or adversely affect appreciably reduces the conservation native, sagebrush-steppe habitat within designated critical habitat, if the species value of the critical habitat for the range of Umtanum desert buckwheat are listed under the Act. Umtanum desert buckwheat or White or White Bluffs bladderpod. Such Exemptions Bluffs bladderpod. As discussed above, activities could include: the role of critical habitat is to support • ORV activities and dispersed Application of Section 4(a)(3) of the Act the various life-history needs and recreation; • The Sikes Act Improvement Act of provide for the conservation of both New road construction or widening 1997 (Sikes Act) (16 U.S.C. 670a) species. or existing road maintenance; required each military installation that • New energy transmission lines or Section 4(b)(8) of the Act requires us includes land and water suitable for the expansion of existing energy to briefly evaluate and describe in any conservation and management of proposed or final regulation that transmission lines; • Maintenance of existing energy natural resources to complete an designates critical habitat, activities integrated natural resources involving a Federal action that may transmission line corridors; • Fuels management projects such as management plan (INRMP) by destroy or adversely modify such November 17, 2001. An INRMP habitat, or that may be affected by such prescribed burning; and • Rehabilitation or restoration integrates implementation of the designation. activities using plant species that may military mission of the installation with Activities that, when carried out, compete with Umtanum desert stewardship of the natural resources funded, or authorized by a Federal buckwheat or White Bluffs bladderpod, found on the base. Each INRMP agency, may affect critical habitat and or not adequately address habitat includes: therefore result in consultation for requirements for insect pollinators. (1) An assessment of the ecological Umtanum desert buckwheat or White These activities could result in the needs on the installation, including the Bluffs bladderpod include, but are not replacement or fragmentation of need to provide for the conservation of limited to: sagebrush-steppe habitat through the listed species; (1) Actions within or near designated degradation or loss of native shrubs, (2) A statement of goals and priorities; critical habitat areas that would result in grasses, and forbs in a manner that (3) A detailed description of the loss, disturbance, or compaction of promotes increased wildfire frequency management actions to be implemented unique soils at cliff breaks, slopes, and and intensity, and an increase in the to provide for these ecological needs; flat to gently sloping upper surface cover of invasive, nonnative plant and areas. Such activities could include, but species that would compete for soil (4) A monitoring and adaptive are not limited to: matrix components and moisture management plan. • Recreational activities and necessary to support the growth and Among other things, each INRMP associated infrastructure; reproduction of either species. must, to the extent appropriate and • Off-road vehicle activity; (3) Actions within or near designated applicable, provide for fish and wildlife • Dispersed recreation; critical habitat that would significantly management; fish and wildlife habitat

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enhancement or modification; wetland DEA evaluates potential economic lands in the designation of critical protection, enhancement, and impacts of the designation, considering habitat, and will determine whether any restoration where necessary to support land ownership, reasonably foreseeable such lands may merit exclusion from fish and wildlife; and enforcement of land use activities, potential Federal the designation under section 4(b)(2) of applicable natural resource laws. agency actions within the area and the Act. Furthermore, we will evaluate The National Defense Authorization section 7 consultation requirements, all comments provided during the Act for Fiscal Year 2004 (Pub. L. 108– baseline conservation measures (i.e., public comment period of this proposed 136) amended the Act to limit areas measures that would be implemented rule on whether the benefits of eligible for designation as critical regardless of the critical habitat excluding any particular area from habitat. Specifically, section 4(a)(3)(B)(i) designation), and incremental critical habitat outweigh the benefits of of the Act (16 U.S.C. 1533(a)(3)(B)(i)) conservation measures (i.e., measures including that area in critical habitat now provides: ‘‘The Secretary shall not that would be attributed exclusively to under section 4(b)(2) of the Act. designate as critical habitat any lands or the critical habitat designation). The DEA concludes that incremental Exclusions Based on National Security other geographical areas owned or Impacts controlled by the Department of Defense economic impacts are unlikely, given (DOD), or designated for its use, that are the species’ narrow geographic range Under section 4(b)(2) of the Act, we subject to an integrated natural and the fact that any economic impacts consider whether there are lands owned resources management plan prepared related to conservation efforts to avoid or managed by the DOD where a under section 101 of the Sikes Act (16 adverse modification or destruction of national security impact might exist. In U.S.C. 670a), if the Secretary determines critical habitat would be, for the most preparing this proposal, we have in writing that such plan provides a part, indistinguishable from those that determined that the lands within the benefit to the species for which critical would be required because of the listing proposed designation of critical habitat habitat is proposed for designation.’’ of the species under the Act. Although for either of the species are not owned There are no DOD lands with a unoccupied critical habitat areas are or managed by the DOD and, therefore, completed INRMP within the proposed typically where incremental effects we anticipate no impact to national critical habitat designation. would be expected, in this case security. Consequently, the Secretary unoccupied critical habitat areas that does not propose to exercise his Exclusions support insect pollinators are discretion to exclude any areas from the Application of Section 4(b)(2) of the Act immediately adjacent to occupied final designation based on impacts on critical habitat. The effects of an action national security. Section 4(b)(2) of the Act states that in occupied critical habitat would be Exclusions Based on Other Relevant the Secretary must designate and revise analyzed concurrently with regard to its Impacts critical habitat on the basis of the best effects to unoccupied critical habitat. available scientific data after taking into We anticipate that, in most cases, Under section 4(b)(2) of the Act, we consideration the economic impact, conservation recommendations or consider any other relevant impacts, in national security impact, and any other conservation recommendations would addition to economic impacts and relevant impact of specifying any be identical, regardless of the critical impacts on national security. We particular area as critical habitat. The habitat type. The DEA concludes that consider a number of factors including Secretary may exclude an area from any incremental costs would be limited whether the landowners have developed critical habitat if he determines that the to additional administrative costs that any Habitat Conservation Plans (HCPs) benefits of such exclusion outweigh the would be borne by Federal agencies or other management plans for the area, benefits of specifying such area as part associated with section 7 consultations. or whether there are conservation of the critical habitat, unless he During the development of the final partnerships that would be encouraged determines, based on the best scientific designation, we will consider economic by designation of, or exclusion from, data available, that the failure to impacts, public comments, and other critical habitat. In addition, we look at designate will result in the extinction of new information. Certain areas may be any Tribal issues, and consider the the species. In making that excluded from the final critical habitat government-to-government relationship determination, the legislative history is designation under section 4(b)(2) of the of the United States with Tribal entities. clear that the Secretary has broad Act and or implementing regulations at We also consider any social impacts that discretion regarding which factor(s) to 50 CFR 424.19. might occur because of the designation. use and how much weight to give to any At this time, we are not proposing any In preparing this proposal, we have factor. exclusions of areas from critical habitat determined that there are currently no under section 4(b)(2) of the Act for Exclusions Based on Economic Impacts HCPs or other management plans that Umtanum desert buckwheat or White specifically address management needs Under section 4(b)(2) of the Act, we Bluffs bladderpod. During the comment for either of the species, and the consider all relevant impacts, including period for the proposed designation of proposed designation does not include economic impacts. In compliance with critical habitat, we will consider any any Tribal lands or trust resources. We section 4(b)(2) of the Act, we have available information about areas anticipate no impact to Tribal lands, prepared a draft analysis of the covered by conservation or management partnerships, or HCPs from this economic impacts of this proposed plans that we should consider for proposed critical habitat designation. designation of critical habitat (DEA), exclusion from the designation under Accordingly, the Secretary does not which is available as supporting section 4(b)(2) of the Act, including propose to exercise his discretion to information for the proposed critical whether the benefits of exclusion would exclude any areas from the final habitat designation. This document is outweigh the benefits of their inclusion designation based on other relevant available for downloading from the and whether exclusion would or would impacts. Internet at http://www.regulations.gov, not result in the extinction of the or from the Washington Fish and species. We are specifically asking for Peer Review Wildlife Office directly (see FOR public comment on the benefits of In accordance with our joint policy FURTHER INFORMATION CONTACT). The exclusion versus inclusion of private published in the Federal Register on

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July 1, 1994 (59 FR 34270), we will seek exchange of ideas. We have developed Franklin County data indicates that the expert opinions of at least three this rule in a manner consistent with 393,025 acres were in irrigated appropriate and independent specialists these requirements. agriculture. The market value of regarding this proposed rule. The agricultural products sold was $467 Regulatory Flexibility Act (5 U.S.C. 601 million, and the net cash return from purpose of peer review is to ensure that et seq.) our determination of status for this agricultural sales was $116.8 million. species is based on scientifically sound Under the Regulatory Flexibility Act For purposes of this analysis, we data, assumptions, and analyses. We (RFA; 5 U.S.C. 601 et seq.), as amended assumed the entire critical habitat have invited these peer reviewers to by the Small Business Regulatory designation proposed on private lands comment, during this public comment Enforcement Fairness Act (SBREFA) of (170 ha (419 ac)) could be used for period, on the specific assumptions and 1996, whenever an agency must publish irrigated agriculture, to determine the conclusions regarding the proposal to a notice of rulemaking for any proposed scope of maximum impact for the list Umtanum desert buckwheat and or final rule, it must prepare and make proposed designation on small entities White Bluffs bladderpod as threatened, available for public comment a (i.e., the worst-case scenario). Although and our proposed determinations regulatory flexibility analysis that the DEA does not differentiate between regarding critical habitat for these describes the effects of the rule on small the acreage most likely suitable for species. entities (small businesses, small agricultural use and the acreage not We will consider all comments and organizations, and small government suitable for such use, much of the 170 information received during the jurisdictions). However, no regulatory ha (419 ac) is steep, and contains comment period on this proposed rule flexibility analysis is required if the numerous cliffs, high gradient draws, during preparation of a final head of the agency certifies the rule will and areas of active and dormant soil rulemaking. Accordingly, the final not have a significant economic impact fracturing and sloughing. Accordingly, decision may differ from this proposal. on a substantial number of small the DEA represents an upper bound, entities. The SBREFA amended the RFA and likely overstates the potential Public Hearings to require Federal agencies to provide a economic impacts to small entities. certification statement of the factual Section 4(b)(5) provides for one or Based on Franklin County, more public hearings on this proposal, basis for certifying that the rule will not have a significant economic impact on Washington 2007 data, the proposed if requested. Requests must be received designation would overlay within 45 days after the date of a substantial number of small entities. To determine if the proposed approximately 1/10 of 1 percent of the publication of this proposal in the total irrigated acres (159,175 ha (393,025 Federal Register. Such requests must be designation of critical habitat for Umtanum desert buckwheat or White ac)) in the county. Approximately 65 sent to the address shown in the FOR percent of the total land in farms FURTHER INFORMATION CONTACT section. Bluffs bladderpod would affect a substantial number of small entities, we (609,046 acres) consists of irrigated We will schedule public hearings on acreage (393,025 acres). The 2007 this proposal, if any are requested, and considered the potential number of small entities potentially affected within irrigated-acres value would announce the dates, times, and places of proportionally represent approximately those hearings, as well as how to obtain the particular types of economic activities most likely to be affected. In $304 million of the total market value of reasonable accommodations, in the order to determine whether it is all agricultural products sold ($467 Federal Register and local newspapers appropriate for our agency to certify that million). Each irrigated acre, therefore, at least 15 days before the hearing. this rule would not have a significant proportionally represents approximately Required Determinations economic impact on a substantial $724 in value/year, based on the 2007 number of small entities, we considered data. Based on this calculation, the Regulatory Planning and Review each industry or category individually. maximum economic impact for the (Executive Orders 12866 and 13563) In estimating the numbers of small entire 419 acres of private land Executive Order 12866 provides that entities potentially affected, we also proposed as critical habitat would be the Office of Information and Regulatory considered whether their activities have $303,559 if all acreage were conducive Affairs (OIRA) will review all significant any Federal involvement. Since the to and planned for irrigation agricultural rules. OIRA has determined that this predominant private land use that could use. However, since much of this rule is not significant. be impacted by the proposed critical acreage is not suitable for agriculture Executive Order 13563 reaffirms the habitat designation for White Bluffs based on topography, the actual principles of E.O. 12866 while calling bladderpod appears to be irrigated economic impact would likely be for improvements in the nation’s agriculture, we focused our RFA and considerably less. Based on this analysis regulatory system to promote SBREFA analyses to that particular (see Table 6), the proposed designation predictability, to reduce uncertainty, activity. The proposed designation is of critical habitat within the 419 acres and to use the best, most innovative, focused on Federal, State, and private of private property would not have a and least burdensome tools for lands that contain occupied habitat and significant economic impact on a achieving regulatory ends. The the adjacent areas with native shrub substantial number of small entities. executive order directs agencies to steppe vegetation that provides nearby Since the average size of a farm in consider regulatory approaches that habitat for insect pollinators. Lands that Franklin County, Washington, is 277 ha reduce burdens and maintain flexibility are under agricultural use are not (684 ac), 170 ha (419 ac) represents and freedom of choice for the public included in the proposed critical habitat approximately 61 percent of the size of where these approaches are relevant, designation. one average farm; there are 891 farms in feasible, and consistent with regulatory In 2007, Franklin County, the County. Each private property acre objectives. E.O. 13563 emphasizes Washington, had 891 farms, which within the proposed critical habitat further that regulations must be based encompassed 246,664 ha (609,046 ac) designation potentially represents on the best available science and that and had an average farm size of 277 ha approximately $724 in annual value the rulemaking process must allow for (684 ac, (http://www.co.franklin.wa.us/ based on 2007 data, although a public participation and an open assessor/demo_countywide.html). The substantial percentage of this acreage is

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not conducive to agricultural use critical habitat would not affect private authorization or involved Federal because of steep topography and erosion property unless a proposed funding, which is uncertain. potential. In addition, the designation of development activity required Federal

TABLE 8—POTENTIAL UPPER BOUND ECONOMIC IMPACT TO PRIVATE LAND OF THE PROPOSED CRITICAL HABITAT DESIGNATION FOR WHITE BLUFFS BLADDERPOD *

Description Variable Value

1. Total land in farms (acres) ...... (a) 609,046 2. Lands in irrigated farms (acres) ...... (b) 393,025 3. Market value agricultural products sold ...... (c) $467,014,000 4. Net cash return from agricultural sales ...... (d) $116,803,000 5. Proposed critical habitat acres ...... (e) 419 6. Percent of (a) represented by (b): [(b) ÷ (a)] ...... (f) 65% 7. Proportional (d) represented by (b): [(b) × 0.65] ...... (g) $303,559,100 8. Percentage of (b) represented by (e): [(e) ÷ (b)] ...... (h) 0.001% 9. Proportional value of (g) represented by (e): [(g) × (h)] ...... (i) $303,559 10. Proportional value (i) per acre (e): [(i) ÷ (e)] ...... (j) $724 * Based on 2007 Franklin County tax assessor data.

Other than the above 170 ha (419 ac), to assess potential problem areas. habitat to significantly affect energy the remainder of the areas proposed as Helicopters may also be used in lieu of supplies, distribution, or use. Therefore, critical habitat for White Bluffs ground vehicles for maintenance or this action is not a significant energy bladderpod are either on State or repairs (FWS 2008, p. 3–168). Other action, and no Statement of Energy Federal lands, and the proposed critical than an existing Bonneville Power Effects is required. Any comments habitat designation for Umtanum desert Administration (BPA) overhead received addressing energy supply will buckwheat is entirely on Federal land. transmission line near the Umtanum be fully considered and addressed in the Federal and State governments are not desert buckwheat population on lands final rule. The DOE Richland considered small entities for purposes of administered by the Department of Operations Office is supportive of the our RFA analysis. Energy (DOE), there are no energy Service’s efforts to list Umtanum desert Based on the best available scientific facilities within the footprint of the buckwheat under the Act (DOE 2011). and commercial data, we have not proposed critical habitat boundaries. Unfunded Mandates Reform Act identified a significant number of small The BPA has existing agreements with entities that may be impacted by the the DOE (the agency managing the land In accordance with the Unfunded proposed critical habitat designation, where the Umtanum desert buckwheat Mandates Reform Act (2 U.S.C. 1501 et based on land ownership information. population occurs) for management of seq.), we make the following findings: Small entities are consequently transmission line rights-of-way, access (a) This rule will not produce a Federal mandate. In general, a Federal anticipated to bear a relatively low cost roads, microwave tower lines-of-sight, mandate is a provision in legislation, impact as a result of the designation of electric power substations, and other statute, or regulation that would impose critical habitat for Umtanum desert sites. The BPA will likely need to an enforceable duty upon State, local, or buckwheat or White Bluffs bladderpod. expand its existing transmission system Tribal governments, or the private Accordingly, we certify that, if in the vicinity of the Monument to meet sector, and includes both ‘‘Federal promulgated, the proposed critical future needs for moving electricity from intergovernmental mandates’’ and habitat designation would not have a generation sources in Montana, northern ‘‘Federal private sector mandates.’’ significant economic impact on a Idaho, and northeastern Washington to These terms are defined in 2 U.S.C. substantial number of small business load centers in the Pacific Northwest. entities. Therefore, an initial regulatory 658(5)–(7). ‘‘Federal intergovernmental flexibility analysis is not required. Any activities related to transmission mandate’’ includes a regulation that system expansion would first require ‘‘would impose an enforceable duty Energy Supply, Distribution, or Use— study and analysis under the National upon State, local, or [T]ribal Executive Order 13211 Environmental Policy Act and governments’’ with two exceptions. It Executive Order 13211 (Actions coordination with the DOE and FWS to excludes ‘‘a condition of Federal Concerning Regulations that ensure protection of the Monument’s assistance.’’ It also excludes ‘‘a duty Significantly Affect Energy Supply, natural and cultural resources (USFWS arising from participation in a voluntary Distribution, or Use) requires agencies 2008, p. 3–169). This analysis would be Federal program,’’ unless the regulation to prepare Statements of Energy Effects required regardless of the designation of ‘‘relates to a then-existing Federal when undertaking certain actions. critical habitat for Umtanum desert program under which $500,000,000 or Seventeen high-voltage transmission buckwheat or White Bluffs bladderpod. more is provided annually to State, lines cross the Monument boundaries, However, we have no information local, and [T]ribal governments under 11 of which cross the Hanford Reach. indicating that new energy projects are entitlement authority,’’ if the provision There are also two electric substations planned for areas within the boundaries would ‘‘increase the stringency of and several microwave towers located of the proposed critical habitat units, or conditions of assistance’’ or ‘‘place caps within the Monument boundaries. that any of the maintenance activities upon, or otherwise decrease, the Federal Periodic patrols and 24-hour access for described above would affect either the Government’s responsibility to provide emergency replacement of failed Umtanum desert buckwheat or White funding,’’ and the State, local, or Tribal equipment are required for these Bluffs bladderpod populations. governments ‘‘lack authority’’ to adjust facilities, and lines are patrolled by Accordingly, we do not expect the accordingly. At the time of enactment, helicopter usually three times each year designation of this proposed critical these entitlement programs were:

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Medicaid; Aid to Families with require approval or authorization from a Civil Justice Reform—Executive Order Dependent Children work programs; Federal agency for an action may be 12988 Child Nutrition; Food Stamps; Social indirectly impacted by the designation In accordance with Executive Order Services Block Grants; Vocational of critical habitat, the legally binding 12988 (Civil Justice Reform), the Office Rehabilitation State Grants; Foster Care, duty to avoid destruction or adverse of the Solicitor has determined that the Adoption Assistance, and Independent modification of critical habitat rests rule does not unduly burden the judicial Living; Family Support Welfare squarely on the Federal agency. We do system and that it meets the Services; and Child Support not anticipate that property values will requirements of sections 3(a) and 3(b)(2) Enforcement. ‘‘Federal private sector be affected by the critical habitat of the Executive Order. We have mandate’’ includes a regulation that designation, but will fully consider all proposed designating critical habitat in ‘‘would impose an enforceable duty comments in this regard. We will revise accordance with the provisions of the upon the private sector, except (i) a this preliminary assessment as Act. This proposed rule identifies the condition of Federal assistance or (ii) a warranted, and prepare a Takings physical and biological features within duty arising from participation in a Implication Assessment, based on those the designated areas to assist the public voluntary Federal program.’’ comments, if needed. in understanding the habitat needs of The designation of critical habitat both Umtanum desert buckwheat and Federalism—Executive Order 13132 does not impose a legally binding duty White Bluffs bladderpod. on non-Federal government entities or private parties. Under the Act, the only In accordance with Executive Order Paperwork Reduction Act of 1995 (44 regulatory effect is that Federal agencies 13132 (Federalism), this proposed rule U.S.C. 3501 et seq.) does not have significant Federalism must ensure that their actions do not This rule does not contain any new effects. A Federalism assessment is not destroy or adversely modify critical collections of information that require required. In keeping with Department of habitat under section 7. While non- approval by the Office of Management the Interior and Department of Federal entities that receive Federal and Budget (OMB) under the Paperwork Commerce policy, we requested funding, assistance, or permits, or that Reduction Act of 1995 (44 U.S.C. 3501 information from, and coordinated otherwise require approval or et seq.). This rule will not impose development of, this proposed critical authorization from a Federal agency for recordkeeping or reporting requirements habitat designation with the appropriate an action, may be indirectly impacted on State or local governments, State resource agencies in Washington. by the designation of critical habitat, the individuals, businesses, or legally binding duty to avoid The designation of critical habitat in organizations. An agency may not destruction or adverse modification of areas currently occupied by Umtanum conduct or sponsor, and a person is not critical habitat rests squarely on the desert buckwheat and White Bluffs required to respond to, a collection of Federal agency. Furthermore, to the bladderpod may impose nominal information unless it displays a extent that non-Federal entities are additional regulatory restrictions to currently valid OMB control number. indirectly impacted because they those currently in place and, therefore, receive Federal assistance or participate may have little incremental impact on National Environmental Policy Act in a voluntary Federal aid program, the State and local governments and their (NEPA) (42 U.S.C. 4321 et seq.) Unfunded Mandates Reform Act would activities. The designation may have It is our position that, outside the not apply, nor would critical habitat some benefit to these governments jurisdiction of the U.S. Court of Appeals shift the costs of the large entitlement because the areas that contain the for the Tenth Circuit, we do not need to programs listed above onto State physical or biological features essential prepare environmental analyses as governments. to the conservation of the species are defined by NEPA (42 U.S.C. 4321 et We do not believe that this rule will more clearly defined, and the elements seq.) in connection with designating significantly or uniquely affect small of the features of the habitat necessary critical habitat under the Act. We governments. The lands being proposed to the conservation of the species are published a notice outlining our reasons for critical habitat designation are specifically identified. This information for this determination in the Federal predominantly owned by the does not alter where and what federally Register on October 25, 1983 (48 FR Department of Energy and the sponsored activities may occur. 49244). This position was upheld by the Department of the Interior. These However, it may assist local U.S. court of Appeals for the Ninth government entities do not fit the governments in long-range planning Circuit (Douglas County v. Babbitt, 48 definition of ‘‘small governmental (rather than having them wait for case- F.3d 1495 (9th Cir. 1995), cert. denied jurisdiction.’’ Therefore, a Small by-case section 7 consultations to 516 U.S. 1042 (1996)). Government Agency Plan is not occur). required. However, we will further Clarity of the Rule Where State and local governments evaluate this issue as we conduct our We are required by Executive Orders require approval or authorization from a economic analysis, and review and 12866 and 12988 and by the Federal agency for actions that may revise this assessment as warranted. Presidential Memorandum of June 1, affect critical habitat, consultation 1998, to write all rules in plain Takings—Executive Order 12630 under section 7(a)(2) would be required. language. This means that each rule we In accordance with Executive Order While non-Federal entities that receive publish must: 12630 (Government Actions and Federal funding, assistance, or permits, (a) Be logically organized; Interference with Constitutionally or that otherwise require approval or (b) Use the active voice to address Protected Private Property Rights), this authorization from a Federal agency for readers directly; rule is not anticipated to have an action, may be indirectly impacted (c) Use clear language rather than significant takings implications. As by the designation of critical habitat, the jargon; discussed above, the designation of legally binding duty to avoid (d) Be divided into short sections and critical habitat affects only Federal destruction or adverse modification of sentences; and actions. Although private parties that critical habitat rests squarely on the (e) Use lists and tables wherever receive Federal funding, assistance, or Federal agency. possible.

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If you feel that we have not met these remain sensitive to Native American List of Subjects in 50 CFR Part 17 requirements, send us comments by one Indian culture, and to make information of the methods listed in the ADDRESSES available to Tribes. Neither Umtanum Endangered and threatened species, section above. To better help us revise desert buckwheat nor White Bluffs Exports, Imports, Reporting and the rule, your comments should be as bladderpod occurs on Tribal lands, and recordkeeping requirements, and specific as possible. For example, you there are no unoccupied areas essential Transportation. should tell us the numbers of the to the conservation of either species on Proposed Regulation Promulgation sections or paragraphs that are unclearly Tribal lands. Therefore, we are not written, which sections or sentences are proposing any Tribal lands as critical Accordingly, we propose to amend too long, the sections where you feel habitat for either Umtanum desert part 17, subchapter B of chapter I, title lists or tables would be useful, etc. buckwheat or White Bluffs bladderpod. 50 of the Code of Federal Regulations, The Confederated Tribes and Bands of Government-to-Government as set forth below: the Yakima Nation indicated they have Relationship With Tribes interest in protecting and managing PART 17—[AMENDED] In accordance with the President’s resources occurring in the Ceded memorandum of April 29, 1994, Territories designated under the Treaty 1. The authority citation for part 17 Government-to-Government Relations of 1855. The Tribe submitted a letter continues to read as follows: with Native American Tribal stating they are supportive of the Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Governments (59 FR 22951), Executive proposed ‘‘Federal special status 1531–1544; 16 U.S.C. 4201–4245; Public Law Order 13175, and the Department of the listing’’ of Umtanum desert buckwheat 99–625, 100 Stat. 3500, unless otherwise Interior’s manual at 512 DM 2, we and White Bluffs bladderpod. readily acknowledge our responsibility noted. to communicate meaningfully with References Cited 2. Amend § 17.12(h) by adding entries recognized Federal Tribes on a A complete list of all references cited for ‘‘Eriogonum codium’’ (Umtanum government-to-government basis. In in this proposed rule is available on the desert buckwheat) and ‘‘Physaria accordance with Secretarial Order 3206 Internet at http://www.regulations.gov, douglasii subsp. tuplashensis’’ (White of June 5, 1997, ‘‘American Indian or upon request from the Manager, Bluffs bladderpod) to the List of Tribal Rights, Federal-Tribal Trust Washington Fish and Wildlife Office Endangered and Threatened Plants in Responsibilities, and the Endangered (see FOR FURTHER INFORMATION CONTACT alphabetical order under Flowering Species Act’’, we readily acknowledge section). our responsibilities to work directly Plants to read as follows: Author(s) with Tribes in developing programs for § 17.12 Endangered and threatened plants. healthy ecosystems, to acknowledge that The primary authors of this proposed tribal lands are not subject to the same rule are the staff members of the Central * * * * * controls as Federal public lands, to 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 ...... 17.96(a) NA buckwheat.

******* Physaria douglasii White Bluffs bladder- U.S.A. (WA) ...... Brassicaceae ...... T ...... 17.96(a) NA subsp. Tuplashensis. pod.

*******

3. In § 17.96, amend paragraph (a) by (1) The critical habitat unit is carbonate. These features occur between adding an entry for ‘‘Physaria douglasii depicted for Franklin County, 210–275 m (700–900 ft) in elevation. subsp. tuplashensis (White Bluffs Washington, on the map at paragraph (ii) Sparsely vegetated habitat (less bladderpod)’’ in alphabetical order (5) of this entry. than 10–15 percent total cover), under Family Brassicaceae and an entry (2) The primary constituent elements containing low amounts of nonnative or for ‘‘Eriogonum codium (Umtanum of the physical and biological features invasive plant species (less than desert buckwheat)’’ in alphabetical essential to the conservation of critical 1 percent cover). order under Family Polygonaceae to habitat for Physaria douglasii subsp. (iii) The presence of insect pollinator read as follows: tuplashensis are the following: species. § 17.96 Critical habitat—plants. (i) Weathered alkaline paleosols and (iv) The presence of native shrub mixed soils overlying the Ringold steppe habitat within the effective (a) Flowering plants. Formation. These soils occur within and pollinator distance (300 m * * * * * around the exposed caliche-like cap (approximately 980 ft)). Family Brassicaceae: Physaria deposits associated with the White (v) The presence of stable bluff douglasii subsp. tuplahensis (White Bluffs of the Ringold Formation, which formations with minimal landslide Bluffs bladderpod) contain a high percentage of calcium occurrence.

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(3) Critical habitat does not include the legal boundaries on the effective coordinates. These coordinates establish irrigated private lands or manmade date of this rule. the vertices of the unit boundaries. structures (such as buildings, pavement, (4) This critical habitat unit was (5) Note: Map of critical habitat for or other structures) and the land on mapped using Universal Transverse Physaria douglasii subsp. tuplashensis which they are located existing within Mercator, Zone 11, North American (White Bluffs bladderpod) follows: Datum 1983 (UTM NAD 83) BILLING CODE 4310–55–P

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* * * * * and flat or gently sloping cliff tops with (3) Critical habitat does not include Family Polygonaceae: Eriogonum exposed pebble and gravel soils. manmade structures (such as buildings, codium (Umtanum desert buckwheat) (ii) Pebbly lithosol talus soils derived pavement, or other structures) and the (1) The critical habitat unit is from surface weathering of the top of the land on which they are located existing depicted for Benton County, Lolo Flow of the Priest Rapids Member within the legal boundaries on the Washington, on the map at paragraph of the Wanapum Formation. effective date of this rule. (iii) Sparsely vegetated habitat (less (5) of this entry. than 10 percent total cover), containing (4) This critical habitat unit was (2) The primary constituent elements low amounts of nonnative or invasive mapped using Universal Transverse of the physical and biological features plant species (less than 1 percent cover). Mercator, Zone 11, North American essential to the conservation of (iv) The presence of insect pollinator Datum 1983 (UTM NAD 83) Eriogonum codium are the following: species. coordinates. These coordinates establish (i) North- to northeast-facing, (v) The presence of native shrub the vertices of the unit boundaries. weathered basalt cliffs of the Wanapum steppe habitat within the effective (5) Note: Map of critical habitat for Formation at the far eastern end of pollinator distance (300 m Eriogonum codium (Umtanum desert Umtanum Ridge in Benton County that (approximately 980 ft)) around the contain outcrops, cliff breaks, slopes, population. buckwheat) follows:

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* * * * * Dated: April 24, 2012. Eileen Sobeck, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2012–11100 Filed 5–14–12; 8:45 am] BILLING CODE 4310–55–C

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