[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16644]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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DEPARTMENT OF THE INTERIOR
50 CFR Part 17

 

Endangered and Threatened Wildlife and Plants; 90-Day Finding and 
Commencement of a Status Review for a Petition To List the Plant 
Lathyrus Grimesii (Grimes Vetchling)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition finding and status review.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding on a petition to list the plant Lathyrus grimesii (Grimes 
vetchling) under the Endangered Species Act of 1973, as amended (Act). 
The petition was found to present substantial information indicating 
the requested action may be warranted. The Service requests information 
regarding the status of this species.

DATES: The finding announced in this notice was made on June 27, 1994. 
Comments and information concerning this finding must be submitted by 
August 10, 1994 to be considered in the 12-month finding for this 
petition.

ADDRESSES: Data, information, comments, or questions concerning this 
finding should be sent to the Field Supervisor, Nevada Field Office, 
U.S. Fish and Wildlife Service, 4600 Kietzke Lane, Building C, Room 
125, Reno, Nevada 89502. The petition, finding, and supporting data are 
available for public inspection, by appointment, during normal business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Janet J. Bair, Botanist, at the above 
Nevada Field Office address (702/784-5227).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Act (16 U.S.C. 1531 et seq.), requires 
that the Service make a finding on whether a petition to list, delist, 
or reclassify a species presents substantial scientific or commercial 
information indicating that the requested 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 the finding is to be published 
promptly in the Federal Register. This finding is based on information 
contained in the petition and otherwise available to the Service at the 
time the finding is made. If the finding is that substantial 
information was presented, the Service also is required to promptly 
commence a review of the status of the species involved, if one has not 
already been initiated under the Service's internal candidate 
assessment process.
    On May 19, 1993, the Service received a petition dated May 10, 
1993, from Ms. Mary Pat Matheson, Director of the University of Utah's 
Red Butte Garden and Arboretum, to list Lathyrus grimesii as an 
endangered species using the emergency provisions of the Act. The Red 
Butte Arboretum is a Participating Institution of the Missouri Botanic 
Garden's Center for Plant Conservation, a network of 20 botanical 
gardens and arboreta dedicated to the conservation of rare and 
endangered plants in the United States.
    A member of the pea family (Fabaceae), L. grimesii is a prostrate 
perennial herb. The distribution and habitat of the species are 
limited. It is an endemic species, known only from the central portion 
of the Independence Mountains of Elko County, Nevada. Lathyrus grimesii 
is generally restricted to steep, barren slopes with stony-clay talus 
substrates at high (7,000 to 8,000 foot) elevations. The species was 
originally collected in vegetative condition in 1941, but was not 
recognized as a previously undescribed species until it was collected 
in reproductive condition in 1980. The technical description of 
Lathyrus grimesii was published in 1989 (Cronquist et al. 1989).
    At the time the petition was submitted, L. grimesii was known from 
a 1-square mile area in the Dorsey Creek drainage of the Independence 
Mountains. More recent information indicates that the species' 
distribution is more extensive. Aerial surveys conducted in August 1993 
resulted in new findings north of the Dorsey Creek drainage, in the 
following drainages and tributaries: Deep Creek, Ott Creek, Sheep 
Creek, Frost Creek, and Cap Winn Creek; and in the Bull Run Mountains, 
located west of the Independence Mountains (John C. Parks, Independence 
Mining Company, Elko, Nevada, in litt.). Lathyrus grimesii is located 
on appropriate substrates scattered within an area of approximately 50 
square miles to the north and northwest of the Dorsey Creek drainage, 
and several isolated populations are located outside of this area.
    The petition and accompanying documentation state that the species 
is subject to impacts by proposed mineral exploration and potential 
open pit heap leach gold mine development. Mine exploration roads have 
been constructed through existing populations. With plants occurring on 
steep, barren slopes at high elevations, disturbance due to further 
mining exploration and potential development could produce long term 
destabilization and erosion of slope habitat which would reduce or 
eliminate populations of L. grimesii. The toxic effects of open pit 
heap leach gold mine development also have the potential to further 
reduce populations.
    Lathyrus grimesii is not currently protected by any regulatory 
mechanism, as it is not included on the U.S. Forest Service 
``Sensitive'' or State of Nevada ``Critically Endangered'' species 
lists. The available information suggests that the species' restricted 
range and small population size increase the chance of extirpation 
resulting from stochastic (i.e. random) or localized events such as 
rock slides, erosion, disease, toxic effects of contaminant spills, or 
predation.
    The Service has reviewed the petition and other information 
available in the Service's files. On the basis of the best scientific 
and commercial information available, the Service finds that 
substantial information has been presented indicating that listing of 
Lathyrus grimesii may be warranted. This species was included as a 
category 2 candidate for listing in the notice of review published in 
the Federal Register on September 30, 1993 (58 FR 51144). Although a 
status review of this species was initiated upon its inclusion in 
category 2, the Service hereby announces its formal review of the 
species' status pursuant to this 90-day petition finding. The Service 
requests any additional data, comments, and suggestions from the 
public, other concerned governmental agencies, the scientific 
community, industry, or any other interested parties concerning the 
status of L. grimesii. Of particular interest is information regarding 
(1) The existence and status of additional populations, (2) 
environmental factors determining distribution, (3) pollinators, (4) 
toxic effects of cyanide on the species, and (5) genetic variability in 
known populations.

References Cited

Cronquist, A., A.H. Holmgren, N.H. Holmgren, J.L. Reveal, and 
P.K.Holmgren. 1989. Intermountain Flora--Vascular Plants of the 
Intermountain West, U.S.A. Volume Three, Part B--Fabales by R.C. 
Barneby. New York Botanical Garden, Bronx, New York. 279 pp.

Author

    This notice was prepared by Janet J. Bair, Nevada Field Office (see 
ADDRESSES section above).

Authority

    The authority for this action is the Endangered Species Act (16 
U.S.C. 1531 et seq.)

    Dated: June 27, 1994.
Bruce Blanchard,
Acting Director, Fish and Wildlife Service.
[FR Doc. 94-16644 Filed 7-8-94; 8:45 am]
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