65FR37108 Endangered and Threatened Wildlife and Plants; 90-day Finding for Petitions To List Horkelia hendersonii (Henderson's horkelia) and Lupinus aridus ssp. ashlandensis (Ashland lupine) as Threatened or Endangered and Commencement of Status Review
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Posting-number: Volume 65, Issue 114, Page 37108
[Federal Register: June 13, 2000 (Volume 65, Number 114)]
[Proposed Rules]
[Page 37108-37111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn00-44]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-day Finding for
Petitions To List Horkelia hendersonii (Henderson's horkelia) and
Lupinus aridus ssp. ashlandensis (Ashland lupine) as Threatened or
Endangered and Commencement of Status Review
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce a 90-day
finding on two petitions to list Horkelia hendersonii (Henderson's
horkelia) and Lupinus aridus ssp. ashlandensis (Ashland lupine) as
endangered or threatened species throughout their ranges under the
Endangered Species Act of 1973, as amended (Act). We find that the
petitions presented substantial information indicating that listing of
both species may be warranted. We are initiating a status review to
determine if listing of either or both species is warranted.
DATES: The finding announced in this document was made May 31, 2000. To
be considered in the 12-month finding for this petition, information
and comments should be submitted to us by September 11, 2000.
ADDRESSES: Data, information, comments, or questions concerning this
petition should be submitted to the State Supervisor, Oregon State
Office, U.S. Fish and Wildlife Service, 2600 SE. 98th Avenue, Suite
100, Portland, Oregon 97266. The petition finding, supporting data, and
comments will be available for public inspection, by appointment,
during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Dr. Andrew F. Robinson, Jr. (see
ADDRESSES section) (telephone 503/231-6179).
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Act (16 U.S.C. 1531 et seq.) requires
that we make a finding on whether a petition to list, delist, or
reclassify a species, or to revise a critical habitat designation,
presents substantial scientific or commercial information to
demonstrate that the petitioned action may be warranted. To the maximum
extent practicable, this finding is to be made within 90 days of the
receipt of the petition, and we are to publish the finding promptly in
the Federal Register. If the finding is that substantial information
was presented, we are also required to promptly commence a review of
the status of the involved species and to disclose its findings within
12 months (12-month finding).
We received two separate formal petitions from the Rogue Group
Sierra Club of Ashland, Oregon, both dated September 9, 1999, to list
Horkelia hendersonii (Henderson's horkelia) and Lupinus ariduse ssp.
ashlandensis (Ashland lupine) as endangered or threatened throughout
their ranges, and to designate critical habitat. Accompanying the
petitions was supporting information relating to taxonomy, ecology,
threats, and past and present distribution of H. hendersonii and L.
aridus ssp. ashlandensis.
The processing of the petitions conforms with our Listing Priority
Guidance published in the Federal
[[Page 37109]]
Register on October 22, 1999 (64 FR57114). The guidance clarifies the
order in which we will process rulemakings. Highest priority is
processing emergency listing rules for any species determined to face a
significant and imminent risk to its well-being (Priority 1). Second
priority (Priority 2) is processing final determinations on proposed
additions to the lists of endangered and threatened wildlife and
plants. Third priority is processing new proposals to add species to
the lists. The processing of administrative petition findings
(petitions filed under section 4 of the Act) is the fourth priority.
The processing of this petition finding is a Priority 4 action and is
being completed in accordance with the current Listing Priority
Guidance.
Horkelia hendersonii, a member of the rose family, is a perennial,
mat-forming, rhizomatous herb with several stems arising from a
branching, woody crown, approximately 10-15 centimeters (cm) (3.9-5.9
inches (in.)) high. Leaves are silky, 4-6 cm (1.6-3.3 in.) long with
11-19 leaflets arranged pinnately. Flowers are white to pink with
petals 4 millimeters (mm) (0.16 in.) long in a somewhat clustered
terminal inflorescence. The species occurs in alpine areas between
1,829-2,286 meters (m) (6,000 to 7,500 feet (ft)) elevation, in habitat
that includes open granitic gravels, alpine forblands, and dwarf
shrublands.
Lupinus aridus ssp. ashlandensis is an erect perennial herb forming
clumps 15-20 cm (5.9-7.9 in.) in diameter and 7-12 cm (2.8-4.7 in.)
tall. The leaves are palmately compound with 5 to 7 leaflets that are
up to 3 cm (1.2 in.) long. Leaves are numerous and crowded from the
basal crown, with pubescent (downy) undersurfaces and glabrous (smooth)
upper sides. Flowers are blue with petals 10-12 mm (0.39-0.47 in.)
long. The banner is glabrous and the keel ciliate (fringed with
hairlike processes) on the margin. L. a. ssp. ashlandensis grows on
gravelly, granitic soils on the south to southwest slopes near the
summit at elevations from 2,100 m (6,900 ft) to 2,280 m (7,480 ft). The
lupine will not grow in dense brush.
Federal action on Lupinus aridus ssp. ashlandensis began as a
result of section 12 of the Act, which directed the Secretary of the
Smithsonian Institution to prepare a report on those plants considered
to be endangered, threatened, or extinct in the United States. This
report (House Document No. 94-51) was presented to Congress on January
9, 1975, and included L. aridus ssp. ashlandensis as threatened. We
published a notice in the July 1, 1975, Federal Register (40 FR 27823)
of our acceptance of the Smithsonian Institution report as a petition
within the context of section 4(c)(2) (petition provisions are now
found in section 4(b)(3)) of the Act, and our intention to review the
status of the reported plant species.
Both Horkelia hendersonii and Lupinus aridus ssp. ashlandensis were
included as category 2 candidates in a Notice of Review (NOR) published
on December 15, 1980 (45 FR 82510). Category 2 formerly included
species for which information in our possession indicated that
proposing to list as endangered or threatened was possibly appropriate,
but for which sufficient data on biological vulnerability and threats
were not available to support a proposed rule. The plant NOR was again
revised on September 27, 1985 (50 FR 39526). In this notice, Horkelia
hendersonii and L. aridus ssp. ashlandensis remained category 2
candidates. Another revision of the plant notice was published on
February 21, 1990 (55 FR 6184), which again included H. hendersonii as
a category 2 candidate. However, L. aridus ssp. ashlandensis was
upgraded to category 1 status. Category 1 candidates were formerly
defined as species for which we had on file substantial information on
biological vulnerability and threats to support preparation of listing
proposals, but issuance of proposed rules was precluded by other
listing activities of higher priority. On February 28, 1996, we
published an NOR in the Federal Register (61 FR 7596) that discontinued
the designation of category 2 species as candidates. In response to the
decision to discontinue the category 2 designation, H. hendersonii and
other former category 2 candidates were not retained as candidates. In
addition, L. aridus ssp. ashlandensis was dropped from the candidate
list based on our interpretation of data supplied by the U.S. Forest
Service (USFS) (Rolle 1993).
The petitions contained substantial amounts of information relating
to the distribution of and threats to Horkelia hendersonii and Lupinus
aridus ssp. ashlandensis. Both species occur within about 1.6
kilometers (1 mile) of the summit on the western slope of Mt. Ashland,
Oregon, on the Rogue River and Klamath National Forests. In addition,
H. hendersonii is found in both National Forests, along the Siskiyou
Crest in the Dutchman Peak-Jackson Gap area, at Observation Peak, and
on and near McDonald Peak in Oregon, and at Dry Lake Lookout in the
Klamath National Forest in California. L. aridus ssp. ashlandensis
occurs as a single population on the top and western ridge of Mount
Ashland. Time-series monitoring studies were started by the Forest
Service in 1995, but the results are not available to us at this time
(Kagan 1995). Horkelia hendersonii has been found in 16 habitat
patches, but population trends are not known.
The petitions provided information regarding effects of habitat
alteration and development activities on Horkelia hendersonii and
Lupinus aridus ssp. ashlandensis. According to the petitions, the Mount
Ashland populations of both species are threatened by the expansion of
the ski facilities, the communication facilities, and parking lot, road
widening, and maintenance; development of a cross-country ski corridor;
and erosion, compaction, and invasion of roadside weeds caused by off-
road vehicle activities. The Mount Ashland Bowl patch of H.
hendersonii, with 15 plants, is located on a proposed ski area
expansion site (U.S. Department of Agriculture 1991). A proposed cross-
country ski corridor would cut through a large portion of the eastern
edge of the Mount Ashland habitat patch and could affect up to 5,000
individual H. hendersonii and up to 4,500 individual L. aridus ssp.
ashlandensis (Kagan and Zika 1987a,b). In addition to the proposed ski
area expansion, 8 individual H. hendersonii and 13 individual L. aridus
ssp. ashlandensis are growing in areas of potential disturbance for the
expansion of the U.S. Weather Bureau Radar Station (SRI International
1994, 1995). An existing four-wheel drive track, leading west from the
summit access road at the first switchback, provides an avenue for the
introduction of roadside weeds into the meadow and flat area that
supports a sizeable population (4,900 plants) of H. hendersonii and a
small population (350 plants) of L. aridus ssp. ashlandensis (Kagan and
Zika 1987a,b; Zika 1987; Kagan 1995).
Although both species occur in open gravelly soils, including the
gravelly margins of the access road, neither will colonize the
compacted soils of existing roads (even if vehicle use was reduced or
eliminated). Neither H. hendersonii nor L. aridus ssp. ashlandensis was
found on the gravelly fill around the ski area lift towers or building,
and both are apparently restricted to natural undisturbed substrates
(Kagan and Zika 1987a,b; Zika 1987).
In the Dutchman Peak-Jackson Gap area, road maintenance and
construction and widening of firebreaks threaten three of the habitat
patches that support Horkelia hendersonii. Construction of firebreaks
could also involve disturbance of the loose,
[[Page 37110]]
granitic gravels on the ridges where H. hendersonii grows.
Livestock grazing has been observed in Horkelia hendersonii habitat
at Observation Peak, south of McDonald Peak, and at Dry Lake. Cattle
cause damage by trampling, and, although we have no direct evidence
that cattle find H. hendersonii particularly palatable, some damage
from foraging has been seen (Kagan and Zika 1987a). On the most
northern habitat patch on McDonald Peak, 100 H. hendersonii plants were
found in 1985, but only 22 in 1987 (Kagan and Zika 1987a). No cause was
presented for the reduction in numbers.
In 1963, the passage of the Oregon Wildflower Law (ORS 564.010-
564.040) established protection for Oregon's natural botanical
resources. The law was designed to protect showy plants, such as
lilies, shooting stars, orchids, and rhododendrons, from collection by
horticulturists interested in these species' domestication. The law
prohibits the collection of wildflowers from within 61 meters (200
feet) of a State highway. Although protective in spirit, the Oregon
Wildflower Law carries minimal penalties and is rarely enforced. In
addition, since there are no Horkelia hendersonii or Lupinus aridus
ssp. ashlandensis populations close to State highways, this law
provided very little protection for these species.
In 1987, Oregon Senate Bill 533 (ORS 564.100) was passed to augment
the legislative actions available for the protection of the State's
threatened and endangered species, both plant and animal. That bill,
known as the Oregon Endangered Species Act (OESA), mandated
responsibility for threatened and endangered plant species in Oregon to
the Oregon Department of Agriculture (ODA). The OESA directs the ODA to
maintain a strong program to conserve and protect native plant species
threatened or endangered with extinction. Although the ODA is able to
regulate the import, export, or trafficking of State-listed plant
species (under ORS 564.120), their ability to protect plant populations
is limited to State-owned or State-leased lands. Lupinus aridus ssp.
ashlandensis is State-listed as endangered, receiving protection under
OESA on State-managed lands. Horkelia hendersonii is a candidate for
listing under OESA, but currently receives no protection on State-owned
or State-leased lands. Currently, both species are considered sensitive
species by the USFS, and may be afforded some protection during USFS
project planning processes and implementation.
It is possible that Horkelia hendersonii and Lupinus aridus ssp.
ashlandensis could be negatively affected by the expansion of
brushfields and the establishment of trees onto open alpine on Mount
Ashland due to fire suppression. The two species are not seen in dense
herbaceous vegetation, brush, or the full shade of conifers (Zika
1987). The boundary of both populations on the southwest side of Mount
Ashland corresponds closely to the brushfield boundary (Rolle 1993).
Continued fragmentation of the populations by construction and widening
of roads and other development can reduce genetic exchange between
patches, reducing the viability of the populations.
Currently, we are working with the USFS to develop a conservation
agreement for both species on Mount Ashland. The process was initiated
in 1995 through a cooperative agreement with the Oregon Natural
Heritage Program to develop conservation agreements for selected high-
priority candidate species. On July 26, 1999, we provided a draft
conservation agreement to the Klamath National Forest and Rogue River
National Forest. The Rogue River National Forest is currently revising
the draft conservation agreement to cover only Mount Ashland
populations, but we have not received that draft for evaluation. If
that draft conservation agreement is signed by all parties and
implemented, it may remove some or all of the threats faced by H.
hendersonii and L. aridus ssp. ashlandensis on Mount Ashland, but may
not reduce threats faced by smaller, more isolated populations of H.
hendersonii on McDonald Peak, an unnamed peak south of McDonald Peak,
Dutchman's Peak, Observation Peak, and at Dry Lake Lookout.
We have reviewed the petitions, as well as other available
information, including published and unpublished studies and reports,
and agency files. Based on that information, we find that substantial
information exists to indicate that listing of Horkelia hendersonii and
Lupinus aridus ssp. ashlandensis as threatened or endangered throughout
all of their ranges may be warranted. The petitions also requested
designation of critical habitat for both species. However, designation
of critical habitat is not petitionable under the Act. If the 12-month
finding determines that listing H. hendersonii and L. aridus ssp.
ashlandensis is warranted, then the designation of critical habitat
would be addressed in the subsequent proposed rule.
Information Solicited
When we make a positive 90-day finding, we are required to promptly
commence a review of the status of the species. To ensure that the
status review is complete and based on the best available scientific
and commercial data, we are soliciting information on Horkelia
hendersonii and Lupinus aridus ssp. ashlandensis concerning the
following: (1) Historic and current distribution; (2) conditions in
each habitat patch; (3) basic biology including age-frequency
distribution of the population(s) in each habitat patch; (4) ongoing
efforts to protect H. hendersonii and L. aridus ssp. ashlandensis and
their habitat; and (5) threats to either species and their respective
habitats in each occupied habitat patch. Section 4(b)(3)(B) of the Act
requires that we make a finding within 1 year from the date the
petitions were received as to whether listing H. hendersonii and L.
aridus ssp. ashlandensis as threatened or endangered is warranted (12-
month finding).
References Cited
Kagan, J. 1995. Monitoring of Lupinus aridus ssp. ashlandensis--general
monitoring protocol and 1995 data. Unpublished report. 24 pp.
Kagan, J. and P. Zika. 1987a. Species management guide for Horkelia
hendersonii. Unpublished report, Oregon Natural Heritage Data Base. 18
pp.
Kagan, J. and P. Zika. 1987b. Species management guide for Lupinus
aridus ssp. ashlandensis. Unpublished report. Oregon Natural Heritage
Data Base. 13 pp.
Rolle, W. 1993. Documentation, results, and population estimates for
Lupinus aridus ssp. ashlandensis, based on a partial census in August
and September 1991. Unpublished report. 6 pp.
SRI International. 1994. Mt. Ashland weather radar rare plant
reassessment. Unpublished report. 5 pp.
SRI International. 1995. NEXRAD in-depth site survey report for the
Medford, Oregon, area (existing site). Unpublished report. 5 pp.
United States Department of Agriculture. 1991. Final environmental
impact statement, Mount Ashland Ski Area. Ashland Ranger District,
Rogue River National Forest. 15 pp.
Zika, P. F. 1987. Lupinus aridus ashlandensis and Horkelia hendersonii
field survey. Unpublished report. 13 pp. + maps.
[[Page 37111]]
Author: The primary author of this document is Dr. Andrew F.
Robinson, Jr. (see ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: May 31, 2000.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 00-14497 Filed 6-12-00; 8:45 am]
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