Wednesday, December 15, 2010 Part V Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Astragalus microcymbus and Astragalus schmolliae as Endangered or Threatened; Proposed Rule VerDate Mar<15>2010 20:54 Dec 14, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\15DEP2.SGM 15DEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 78514 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Proposed Rules DEPARTMENT OF THE INTERIOR Colorado Ecological Services Office (see government consultation with Tribes, ADDRESSES); by telephone, 970–243– we met with the Ute Mountain Ute Fish and Wildlife Service 2778; or by facsimile, 970–245–6933. Tribe regarding the process we would Persons who use a telecommunications take to conduct a 12-month status 50 CFR Part 17 device for the deaf (TDD), call the review of Astragalus schmolliae. As an [FWS–R6–ES–2010–0080; MO 92210–0– Federal Information Relay Service outcome of our government-to- 0008–B2] (FIRS) at 800–877–8339. government consultation, we recognize SUPPLEMENTARY INFORMATION: the sovereign right of the Ute Mountain Endangered and Threatened Wildlife Ute Tribe to manage the habitat for A. and Plants; 12-Month Finding on a Background schmolliae on its tribal lands, and Petition To List Astragalus Section 4(b)(3)(B) of the Act (16 acknowledge that right in this 12-month microcymbus and Astragalus U.S.C. 1531 et seq.), requires that, for finding. schmolliae as Endangered or any petition to revise the Federal Lists Previous Federal Actions Threatened of Endangered and Threatened Wildlife and Plants that contains substantial Federal action for Astragalus AGENCY: Fish and Wildlife Service, microcymbus and Astragalus schmolliae Interior. scientific or commercial information that listing the species may be (then A. schmollae) began as a result of ACTION: Notice of 12-month petition warranted, we make a finding within 12 section 12 of the Act of 1973, as finding. months of the date of receipt of the amended (16 U.S.C. 1531 et seq.), which directed the Secretary of the SUMMARY: We, the U.S. Fish and petition. In this finding, we will Wildlife Service (Service/USFWS), determine that the petitioned action is: Smithsonian Institution to prepare a announce a 12-month finding on a (a) Not warranted, (b) warranted, or (c) report on plants considered to be petition to list Astragalus microcymbus warranted, but immediate proposal of a endangered, threatened, or extinct in the (skiff milkvetch) and Astragalus regulation implementing the petitioned United States. This report, designated as schmolliae (Schmoll’s milkvetch) as action is precluded by other pending House Document No. 94–51, was endangered or threatened, and to proposals to determine whether species presented to Congress on January 9, designate critical habitat under the are threatened or endangered, and 1975. In that document, both species Endangered Species Act of 1973, as expeditious progress is being made to were designated as endangered (House amended (Act). After a review of all the add or remove qualified species from Document 94–51, pp. 57–58). On July 1, available scientific and commercial the Federal Lists of Endangered and 1975, the Service published a notice in information, we find that listing A. Threatened Wildlife and Plants. Section the Federal Register (40 FR 27823, p. microcymbus and A. schmolliae is 4(b)(3)(C) of the Act requires that we 27847) of its acceptance of the warranted. However, currently listing of treat a petition for which the requested Smithsonian report as a petition within A. microcymbus and A. schmolliae is action is found to be warranted but the context of section 4(c)(2) (now precluded by higher priority actions to precluded as though resubmitted on the section 4(b)(3)) of the Act, and giving amend the Lists of Endangered and date of such finding, that is, requiring a notice of its intention to review the Threatened Wildlife and Plants. Upon subsequent finding to be made within status of the plant taxa therein. publication of this 12-month petition 12 months. We must publish these 12- As a result of that review, the Service finding, we will add A. microcymbus month findings in the Federal Register. published a proposed rule on June 16, and A. schmolliae to our list of In accordance with the President’s 1976, in the Federal Register (41 FR candidate species. We will make any memorandum of April 29, 1994, 24523, pp. 24543–24544) to determine determinations on critical habitat during Government-to-Government Relations endangered status pursuant to section 4 development of the proposed listing with Native American Tribal of the Act for approximately 1,700 rule. In any interim period, the status of Governments (59 FR 22951), Executive vascular plant taxa, including the candidate taxon will be addressed Order 13175, titled Consultation and Astragalus microcymbus and Astragalus through our annual Candidate Notice of Coordination with Indian Tribal schmolliae. The list of 1,700 plant taxa Review. Governments (65 FR 67249), and the was assembled on the basis of Department of the Interior’s manual on comments and data received by the DATES: The finding announced in this Departmental Responsibilities for Indian Smithsonian Institution, and the Service document was made on December 15, Trust Resources, at 512 DM 2, we in response to House Document No. 94– 2010. acknowledge our responsibility to 51 and the July 1, 1975, Federal ADDRESSES: This finding is available on communicate meaningfully with Register publication. General comments the Internet at http:// recognized Federal Tribes on a received in response to the 1976 www.regulations.gov at Docket Number government-to-government basis. In proposal are summarized in an April 26, FWS–R6–ES–2010–0080. Supporting accordance with Secretarial Order 3206 1978, Federal Register publication (43 documentation we used in preparing of June 5, 1997 (American Indian Tribal FR 17909). In 1978, amendments to the this finding is available for public Rights, Federal-Tribal Trust Act required that all proposals more inspection, by appointment, during Responsibilities, and the Endangered than 2 years old be withdrawn. A 1-year normal business hours at the Western Species Act), we readily acknowledge grace period was given to proposals Colorado Ecological Services Office, our responsibilities to work directly already more than 2 years old. On U.S. Fish and Wildlife Service, 764 with the Tribes in developing programs December 10, 1979, the Service Horizon Drive, Suite B, Grand Junction, for healthy ecosystems, to acknowledge published a notice in the Federal CO 81506–3946. Please submit any new that Tribal lands are not subject to the Register (44 FR 70796) withdrawing the information, materials, comments, or same controls as Federal public lands, portion of the June 16, 1976, proposal questions concerning this finding to the to remain sensitive to Indian culture, that had not been made final which above address. and to make information available to removed both A. microcymbus and A. FOR FURTHER INFORMATION CONTACT: Al Tribes. In fulfilling our trust schmolliae from proposed status but Pfister, Field Supervisor, Western responsibilities for government-to- retained both species as candidate plant VerDate Mar<15>2010 19:51 Dec 14, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\15DEP2.SGM 15DEP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Proposed Rules 78515 taxa that ‘‘may qualify for listing under analyses, references, and documentation takes to complete a 12-month finding, the Act.’’ provided by NatureServe in its online we are unable to complete 12-month On December 15, 1980, the Service database at http://www.natureserve.org/ findings for all these species at this published a current list of those plant into the petition. We acknowledged the time. taxa native to the United States being receipt of the petition in a letter to the Species Information—Astragalus considered for listing under the Act Forest Guardians, dated August 24, 2007 where Astragalus microcymbus and (Slack 2007, p. 1). In that letter we Microcymbus Astragalus schmolliae were identified as stated that, based on preliminary Species Description and Taxonomy a category 2 taxon ‘‘currently under review, we found no evidence to Astragalus microcymbus is a review’’ (45 FR 82479, pp. 82490– support an emergency listing for any of perennial forb (a plant that can live to 82491). On November 28, 1983, A. the species covered by the petition, and more than 3 years of age and without schmolliae was moved to the ‘‘taxa no that we planned work on the petition in grass-like, shrub-like, or tree-like longer under review’’ list, and given a Fiscal Year (FY) 2008. vegetation) that dies back to the ground 3C rank indicating the species was On March 19, 2008, WildEarth every year. The plant has slender stems proven to be more abundant or Guardians filed a complaint (1:08–CV– that are sparsely branched with dark widespread than previously believed or 472–CKK) indicating that the Service not subjected to an identifiable threat failed to comply with its mandatory green pinnate leaves, with 9–15 leaflets (48 FR 53640, pp. 53641, 53662). The duty to make a preliminary 90-day arranged in an evenly spaced fashion two species also were included as a finding on their two multiple species along either side of a central axis. It is category 2 species (A. schmolliae was petitions—one for the Mountain-Prairie in the pea (Fabaceae) family. The not included as a 3C species despite the Region, and one for the Southwest spindly red to purple branches grow conclusions of the 1983 review) on Region (WildEarth Guardians v.