Federal Register / Vol. 52, No. 208 1 Wednesday, October 28, 1987 f Rules and Regulations 41435 e SUPPLEMENTARY INFORMATION: petition. A finding was made on October Background 13,1983, that listing Ascfepias wefshii Ascfepius welshii (Welsh’s milkweed) was warranted but precluded by is a member of the family pending listing actions, in accordance Asclepiadaceae (milkweed family). It with section 4(b)(3)(B)(iii) of the was described by Holmgren and Endangered Species Act (Act). Such Holmgren [1979) from plants collected petitions are recycled under section on the Coral Pink Sand Dunes (Dunes) in 4(b)(3)(C)(i). The Service published a Kane County, Utah. Five earlier proposed rule to list Ascfepias wefshii DEPARTMENT OF THE INTERIOR collections were made in this area as an endangered species on June 6. between 1964 and 1978 by W. Cottam. 1984 (49 FR 23399). constituting the next Fish and Vfildlife Service A.H. Barnum, N. Holmgren, and S.L. l-year finding, which was required on or Welsh (Holmgren and Hoimgren 1979). before October 13.1984. 50 CFR Part 17 This plant is a rhizomatous, herbaceous perennial, 10 to 40 inches tall, with large Summary of Comments and oval leaves and cream-colored flowers Recommendations Endangered and Threatened Wildlife and Plants; Final Rule Determining that are rose-tinged in the center. It grows on open, sparsely vegetated semi- In the June 6.1984, proposed rule (49 Asclepias welshii (Welsh’s Milkweed) stabilized sand dunes and on the lee FR 23399) and associated notifications, To Be a Threatened Species With slopes of actively drifting sand dunes. all interested parties were requested to Critical Habitat The population consists of submit factual reports or information approximately 11,096 individuals in that might contribute to the development AGENCY: Fish and Wildlife Service, of a final rule. Appropriate State Interior. several concentrations distributed more or less randomly over the Coral Pink agencies, county governments, Federal ACTION: Final rule. Sand Dunes, with scattered individuals agencies, scientific organizations, and between concentrations and in an area other interested parties were contacted SUMMARY: The Service determines and requested to comment. A Ascfepios welshji [Welsh’s milkweed] to of the Sand Hills to the northeast. In the Coral Pink Sand Dunes area newspaper notice that invited general be a threatened species and designates public comment was published in the its critical habitat. This species is administered by the Bureau of Land Management (Bureau), a careful survey Southern Utah News on June 27,1984. known to occur only in the Coral Pink Seventeen written comments were Sand Dunes and in the Sand Hills 8 disclosed about 6,606 plants in 12 concentrations (Bureau 1986). On State received. A public hearing was miles to the northeast of the Coral Pink requested by the State of Utah, and was Sand Dunes, both in Kane County, Utah. of Utah land (Coral Pink Sand Dunes State Park), there are an estimated 4,000 held in Kanab. Utah, on September 18. In the Coral Pink Sand Dunes, about 1984 (see September 4,1984, Federal 6,906 plants occur on lands administered plants, while in the small Bureau- administered area of the Sand Hills to Register (49 FR 34879)). Six formal oral by the Bureau of Land Management. An comments were presented, two of which estimated 4,606 plants are thought to the northeast, there are an estimated additional 500 plants. A Bureau survey had been previously received as written occur on State of Utah land in the Coral comments, for a total of 21 comments. Pink Sand Dunes State Park, while in September 1984. showed a population about 506 plants are estimated to grow of about 4,900 plants (Bureau 1984, Eleven comments, four from the State in the Sand Hills northeast of the Coral Service 1986c); the State Park estimated of Utah, five from the Bureau, one from Pink Sand Dunes. Altogether, the total a population of about the same size the City of Kanab, and one from Kane population of this species is thought to occurring within the State Park. The County, maintained that recreational be no more than 11,996 plants. The plants grow on both the tops and sides off-road-vehicle use (i.e., by dune population in the Coral Pink Sand Dunes of the dunes. buggies and three-wheel all-terrain is disturbed by off-road-vehicle activity. In the summer of 1980, field work was vehicles) is not a threat sufficient to Portions of the areas in which both carried out at the Coral Pink Sand cause the extinction of Ascfepius populations occur are leased for oil and Dunes site by a Bureau botanist (Bureau welshii. Those comments that provide gas. This final rule implements for this 1986). This investigation involved detail cite the following reasons: (1) species the protection provided by the mapping groups of plants and counting Asclepias welshii is apparently adapted Endangered Species Act of 1973, as the plants on the dunes by age class. to the naturally unstable drifting sands amended. The investigation showed that off-road of the Coral Pink Sand Dunes: (2) the vehicles were modifying the habitat and plant is increasing in numbers with the DATES: The effective date of this rule is destroying Welsh’s milkweed plants and current level of off-road-vehicle use: (3) November 27,1987. that domestic livestock were utilizing off-road-vehicle use is concentrated on ADDRESSES: The complete file for this this species as a forage plant. unvegetated active dunes and trails rule is available for inspection, by On December 15.1980, the Service through the semi-stabilized vegetated appointment, during normal business published a notice of review for plants dunes which have few if any Ascfepias hours at the Service’s Regional Fish and in the Federal Register (45 FR 82489) tt,efshii plants; (4) the deep-seated Wildlife Enhancement Office at 134 which included Ascfeoius wefshii as a rhizome of Ascfepias wefshii is not Union Boulevard, Fourth Floor, Category 1 species. Category 1 subject to disturbance: and (6) no long- Lakewood, Colorado, and the Fish and comprises taxa for which the Service term studies exist of the population Wildlife Enhancement Field Office at presently has substantial information on trend of Ascfepias wefshii, and short- Room 2078 Administration Building, biological vulnerability and threats to term studies and inventories indicate a 1745 W. 1700 S., Salt Lake City, Utah. support the appropriateness of population increase. FOR FURTHER INFORMATION CONTACZ proposing to list as endangered or The Service agrees that Ascfepios John L England, Botanist, at the above threatened species. For administrative wefshii is adapted to the naturally Salt Lake City address (861/524-%430 or purposes, all plants included in that unstable drifting sands of the Coral Pink FIS 5884430). review are treated as being under Sand Dunes and is a significant 41436 Federal Register / Vol. 52 No. 208 / Wednesday, October 28, 1987 / Rules and Regulations comuonent of the flora of the Dunes. It is diversity of vegetative cover in dunes modifying its habitat in some areas and a colonizer of the unvegetated dunes in subject to off-road-vehicle traffic. The threaten to disturb its habitat throughout the sequence of plant succession on the relatively new three-wheel and four- the majority of its range. Asclepias Dunes. Many plant species adapted to wheel off-road vehicles, unlike the welshii is threatened by off-road-vehicle sand dunes establish themselves either traditional dune buggies, have tires that activity. by seed or vegetatively in interdune are less expensive and not as Eight comments, two from the State of areas in the lee of the approaching sand susceptible to damage from vegetation. Utah, two from the Bureau, two from dune. These individual plants are then Thus there is an increase in use of the private citizens, and one each from the able to grow at rates great enough to new type vehicles on the more vegetated City of Kanab and Kane County, stay ahead of the rate of wind deposited portion of the dunes, which are maintained that grazing is not a threat to sand accumulation in the lee of the sand modifying the habitat and destroying Asclepias welshii. Those comments that dune proper. As the crest of the sand individuals of Asclepias welshii provide detail cite the following reasons: dune reaches the position of the plant, (Service 1986a and 1986b). (1) The genus Asclepias as a group is sand accumulation ceases and wind Many factors affect the rate of sand toxic and Asclepias welshii is probably erosjon on the windward side of the dune drifting and plant growth. Periods at least moderately toxic to livestock; (2) plant begins. Sand dune-adapted plants of high wind and low precipitation, livestock do not effectively use dune often have fibrous roots or rhizomatous especially in the arid area of the Coral areas for grazing: (3) current grazing use rootstocks (Asciepias welshii has a Pink Sand Dunes, would increase the and allowed maximum use under rhizomatous rootstock) that are able to rate of sand drifting and decrease the current grazing plans is much less than hold sand in place and thus initiate the ability of plants to vegetatively and historical grazing use prior to Federal stabilization of dunes. Mechanical reprobuctjvely keep pace with the management of grazing by the Bureau. disturbance can break the vegetative driftinn dunes. Destabilization of The Service agrees that members of cover that has stabilized or partially vegetated dunes by off-road-vehicle use the genus Asclepias contain poisonous stabilized sand dunes, thus making them during such periods would accelerate compounds: however, the degree of more active.