[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22030]


[[Page Unknown]]

[Federal Register: September 7, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[RIN 1018-AC71]

 

Endangered and Threatened Wildlife and Plants; Notice of 
Taxonomic Change of Erigeron Maguirei var. Maguirei (Maguire Daisy) to 
Erigeron Maguirei (Maguire Daisy); Proposal To Reclassify From 
Endangered to Threatened Status

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The plant Erigeron maguirei (Maguire daisy) previously 
included two recognized varieties: E. maguirei var. maguirei, listed as 
endangered in 1985, and E. maguirei var. harrisonii, a category 2 
candidate species. A recent taxonomic revision has synonymized these 
two plant varieties into one species, E. maguirei, because 
morphological differences that were previously used to distinguish 
between the two varieties have been determined to be ecotypic and not 
genetically fixed. The Fish and Wildlife Service (Service) accepts this 
taxonomic revision, and proposes to change the endangered E. maguirei 
var. maguirei to E. maguirei and to reclassify it to threatened status 
under the authority of the Endangered Species Act (Act) of 1973, as 
amended (16 U.S.C. 1531 et seq.). Erigeron maguirei is endemic to 
sandstone canyons and mesas in the San Rafael Swell in Emergy County, 
Utah, and the Capitol Reef in Wayne County, Utah. This species is found 
in small populations and portions of its habitat are subjected to 
adverse effects from mineral and recreational development and livestock 
grazing. A determination that E. maguirei is a threatened species would 
continue to provide this species protection under the authority of the 
Act.

DATES: Comments from all interested parties must be received by 
November 7, 1994. Public hearing requests must be received by October 
24, 1994.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, Ecological Services, Fish and Wildlife 
Service, Lincoln Plaza, Suite 404, 145 East 1300 South, Salt Lake City, 
Utah 84115. Comments and materials received will be available for 
public inspection, by appointment, during normal business hours at the 
above address.

FOR FURTHER INFORMATION CONTACT: John L. England at the above address, 
Telephone: (801/524-5001).

SUPPLEMENTARY INFORMATION:

Background

    The genus Erigeron (composite family, Asteraceae) includes the 
Maguire daisy (E. maguirei) and about 200 other species (Cronquist 
1947). Most of these species are found in the Western Hemisphere, and 
the Western United States is their present center of distribution. The 
Maguire daisy is a perennial, herbaceous plant. Its stems are decumbent 
to sprawling or erect and 7 to 18 cm (2.76 to 7.09 in) in height. The 
basal leaves are spatulate or broadly oblanceolate in outline, 2 to 5 
cm (0.79 to 1.97 in) long and 0.6 to 0.9 cm (0.24 to 0.35 in) wide. Its 
cauline leaves are sessile or short-petiolate, alternately arranged on 
the stem, and they are well developed. The leaves are slightly reduced 
towards the tip, i.e., oblanceolate becoming lanceolate or narrowly 
ellipsoid apically. Both the leaves and stems are copiously covered 
with a spreading hirsute pubescence. One to three flower heads are 
borne at the end of each stem. The floral disc is 8 to 10 mm (0.32 to 
0.39 in) wide; the involucre is 5 to 6.5 mm (0.20 to 0.26 in) high. 
Each floral head has 15 to 20 white or pinkish white colored ligules 
(ray flowers) about 6 to 8 mm (0.24 to 0.32 in) long and 1.5 to 2 mm 
(0.06 to 0.08 in) wide. The disk flowers are orange, about 3.5 to 3.8 
mm (0.14 to 0.15 in) long. The seeds are 2-nerved achenes. (Cronquist 
1947; Welsh 1983a, 1983b; Welsh et al. 1987).
    Erigeron maguirei was described by Cronquist (1947) from a 1940 
specimen collected by Dr. Bassett Maguire from Calf Canyon in the San 
Rafael Swell, Emery County, Utah. Erigeron maguirei var. harrisonii was 
first discovered at Hickman Natural Bridge in the Capitol Reef of Wayne 
County, Utah, by Dr. Bertrand Harrison in 1936, and it was finally 
described by Welsh (1983a) from a specimen that he collected in 1982. 
However, Welsh postulated that the morphological variations between E. 
maguirei var. maguirei in the San Rafael Swell and E. maguirei var. 
harrisonii from the Capitol Reef may represent only ecotypic variation 
(Welsh 1983a, 1983b; Welsh et al. 1987). Heil (1989) reported both 
varieties from Capitol Reef and postulated that E. maguirei var. 
harrisonii was an ecotypic shade variant of E. maguirei. Using DNA 
analysis, VanBuren (1993) demonstrated that E. maguirei var. maguirei 
and E. maguirei var. harrisonii were of the same taxonomic entity and 
that separation of the two at the varietal level was not warranted. 
This finding was of great interest to the U.S. Fish and Wildlife 
Service (Service), since E. maguirei var. maguirei was listed as an 
endangered species at that time.
    Recent status surveys of endangered, threatened, and other rare 
plant species in the San Rafael Swell (Kass 1990) and Capitol Reef 
(Heil 1989) have shown a total population of about 3,000 E. maguirei 
plants in five populations that occur on both Federal and State lands. 
Although combining the two varieties into one type increased the total 
number of plants in the wild, E. maguirei still remains vulnerable to 
threats due to the loss of habitat.
    Small and restricted populations of E. maguirei make this species 
vulnerable to alterations of its habitat. The plant already has been 
adversely affected by off-road vehicles and trampling by humans and 
livestock. Other potential threats to the species are due to mineral 
and energy exploration and development. The demographic stability of 
the various populations of the species is not well known, but some of 
the smaller populations may be at levels too low to ensure their long 
term survival. Although the effects of natural factors such as disease, 
parasitism, grazing by native species, natural erosion, and vegetative 
competition are usually not threatening to this species, any further 
losses in its existing numbers even may make natural conditions 
threatening.
    Section 12 of the Act directed the Secretary of the Smithsonian 
Institution to prepare a report on those plants considered to be 
endangered, threatened, or extinct. This report, designated as House 
Document No. 94-51, was presented to Congress on January 9, 1975. On 
July 1, 1975, the Service published a notice in the Federal Register 
(40 FR 27823) of its acceptance of the report as a petition to list 
those taxa named therein under Section 4(c)(2) of the Act (petition 
acceptance is now governed by Section 4(b)(3) of the Act), and E. 
maguirei was included in the July 1, 1975, notice on list ``A'' as 
endangered.
    Erigeron maguirei was proposed by the Service for listing as 
endangered along with some 1,700 other vascular plant taxa on June 16, 
1976 (41 FR 24523). General comments received on the 1976 proposal are 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). The 1978 amendments to the Act required that all proposals over 
2 years old be withdrawn, but proposals published before the date of 
enactment of the 1978 amendments could not be withdrawn before the end 
of a 1-year grace period beginning on the date of enactment. On 
December 10, 1979, the Service published a notice of withdrawal of that 
portion of the June 16, 1976, proposal that had not been made final (44 
FR 70796) which included E. maguirei.
    The July 1975 notice was updated by a notice in the Federal 
Register on December 15, 1980 (45 FR 82480), and that notice included 
E. maguirei is a category 1species. Category 1 comprises taxa for which 
the Service presently has significant biological information to support 
a proposal to list them as endangered or threatened. Section 4(b)(3)(B) 
of the 1982 amendments to the Act requires that the Secretary of the 
Interior make findings on certain petitions within 1 year of their 
receipt. Section 2(b)(1) of the 1982 amendments to the Act further 
required that all petitions pending as of October 13, 1982, be treated 
as having been newly submitted on that date. Since the 1975 Smithsonian 
report was accepted as a petition, all the taxa contained in those 
notices, including E. maguirei, were treated as being newly petitioned 
as of October 13, 1982. The deadline for a finding on such petitions, 
including that for E. maguirei, was October 13, 1983. On October 13, 
1983, the Service made a 1-year finding that the petition to list the 
Maguire daisy was warranted, but precluded by other listing actions of 
higher priority. On July 27, 1984, the Service published a proposed 
rule proposing E. maguirei var. maguirei as an endangered species (49 
FR 30211) and published a final rule designating the species as 
endangered on September 5, 1985 (50 FR 36090).
    On September 27, 1985, the Service published a notice of review (50 
FR 39526) replacing the 1980 notice and its 1983 supplement. This 
notice of review included E. maguirei var. harrisonii as a category 2 
species. Category 2 comprises taxa for which the Service has 
information indicating that it may be appropriate to propose to list 
the taxa as endangered or threatened but that more substantial data are 
needed on biological vulnerability and threats to the species. The 1985 
notice of review was replaced by the January 27, 1990 notice of review 
(55 FR 6184), which was replaced by the September 30, 1993, notice of 
review (58 FR 51144). Both notices retained E. maguirei var. harrisonii 
as a category 2 candidate species.
    Recent status surveys and taxonomic evaluations (Heil 1989; Van 
Buren 1993; R. VanBuren, Brigham Young University, 1993, pers. comm.; 
Fish and Wildlife Service 1993) indicate that the varieties E. maguirei 
var. maguirei and E. maguirei var. harrisonii are synonymous with E. 
maguirei. Synonymizing the two varieties into a full species results in 
E. maguirei var. harrisonii being removed from the candidate species 
list.

Summary of Factors Affecting the Species

    Section 4(a)(1) of the Endangered Species Act (16 U.S.C. 1531 et 
seq.) and regulations (50 CFR Part 424) promulgated to implement the 
listing provisions of the Act set forth the procedures for adding 
species to the Federal Lists. A species may be determined to be an 
endangered or threatened species due to one or more of the five factors 
described in Section 4(a)(1). These factors and their application to E. 
maguirei (Maguire daisy) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

    Due to its inaccessible habitat, there are few threats to the 
populations of this daisy that occur on Bureau of Land Management 
(Bureau) lands. Livestock trampling has affected populations of this 
plant both in and outside of Capitol Reef National Park (the Park is 
not closed to livestock grazing). Off-road and foot traffic within the 
Park have affected one known population of E. maguirei. The range 
within which E. maguirei occurs is known to contain uranium ore 
deposits. The development of these deposits, and surface disturbance by 
annual assessment work on mineral claims for uranium and possibly other 
minerals, have the potential to adversely impact this species and its 
habitat.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    None known.

C. Disease or Predation

    Erigeron maguirei is vulnerable to livestock grazing and trampling. 
The effect of livestock grazing on the condition of the desert 
vegetation needs to be evaluated to determine if there are any impacts 
on the E. maguirei populations.

D. The Inadequacy of Existing Regulatory Mechanisms

    The Act currently provides protection to E. maguirei var. maguirei 
as an endangered species. This protection would also continue for E. 
maguirei as a threatened species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    There are few threats to populations of E. maguirei on Bureau lands 
because of their inaccessibility. The known populations are remote and 
it would require maximum effort by individuals in vehicles or on foot 
to gain access to these plant locales. Off road vehicles could pose a 
remote threat to this daisy. But due to its low numbers (about 3,000 
specimens), the species could be vulnerable to any human disturbance.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in determining to propose this 
rule. Based on this evaluation, the preferred action is to list E. 
maguirei as a threatened species. With less than 3,000 plants remaining 
in only five known populations, the Service has determined that the 
species remains vulnerable to habitat destruction. A portion of the 
species' population is protected from some threats within Capitol Reef 
National Park, but even within the Park there are significant threats. 
The Service finds that E. maguirei is not in danger of extinction 
throughout all or a significant portion of its range, and therefore 
does not meet the requirements to be listed as endangered. However, the 
plant is likely to become an endangered species in the foreseeable 
future if the present threats and declines continue. Threatened status 
is an accurate assessment of the species' present condition. For the 
reasons given below, it is not prudent at this time to propose critical 
habitat.

Critical Habitat

    Section 4(a)(3) of the Act, as amended, requires that to the 
maximum extent possible, the Secretary propose critical habitat at the 
time a species is proposed to be endangered or threatened. The Service 
finds that designation of critical habitat is not prudent at this time 
for E. maguirei because this designation might result in increased 
taking of the species. Designation of critical habitat would entail 
publication of a detailed description and map of its habitat in the 
Federal Register, thus exposing the species to the threat of vandalism. 
A person could easily vandalize the small populations of this daisy 
with aid of an off-road vehicle.
    Moreover, few additional benefits would be provided to the species 
by the critical habitat designation which are not already provided by 
listing the species. Also most of the plants are located on lands under 
Federal jurisdiction. Any Federal action that would impact the plant or 
its habitat would be addressed through Section 7 consultation. Section 
9(a)(2)(B) of the Act makes it unlawful to remove and reduce to 
possession any threatened species of plant from areas under Federal 
jurisdiction. The National Park Service and the Bureau are aware of the 
occurrence of E. maguirei on Federal lands and what their obligations 
for protection of this plant are under the Act. Protection of this 
species' habitat also will be accomplished through the recovery 
process.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
activities. Recognition through listing encourages and results in 
conservation actions by Federal, State, and private agencies, citizens 
groups, and individuals. The Act provides for possible land acquisition 
and joint cooperation with the States, and it requires that recovery 
actions be carried out for all listed species. The protection required 
of Federal Agencies and the prohibitions against certain activities 
involving listed plants are discussed, in part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat, if any is being designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
Part 402. Section 7(a)(4) requires Federal agencies to confer 
informally with the Service on any action that is likely to jeopardize 
the continued existence of a proposed species or result in destruction 
or adverse modification of proposed critical habitat. If a species is 
subsequently listed, Section 7(a)(2) requires Federal agencies to 
ensure that activities they authorize, fund, or carry out are not 
likely to jeopardize the continued existence of such a species or to 
destroy or adversely modify its critical habitat. If a Federal action 
may affect a listed species or its critical habitat, the responsible 
Federal agency must enter into formal consultation with the Service.
    Most of these daisies occur on Federal lands managed by the Bureau 
with remainder on Capitol Reef National Park. Both of these Federal 
Agencies are responsible for ensuring that all activities and actions 
on lands they manage are not likely to jeopardize the continued 
existence of this daisy.
    The Act and its implementing regulations found at 50 CFR 17.71 and 
17.72 for threatened species set forth a series of general prohibitions 
and exceptions that apply to all threatened plants. All prohibitions of 
Section 9(a)(2) of the Act, implemented by 50 CFR 17.71, apply. These 
prohibitions, in part, make it illegal for any person subject to the 
jurisdiction of the United States to import or export, transport in 
interstate or foreign commerce in the course of a commercial activity, 
sell or offer for sale this species in interstate or foreign commerce, 
or to remove and reduce to possession the species from areas under 
Federal jurisdiction. Seeds from cultivated specimens of threatened 
plants are exempt from these prohibitions provided that a statement of 
``cultivated origin'' appears on their containers. The Act and 50 CFR 
17.72 provide for the issuance of permits to carry out otherwise 
prohibited activities involving threatened species under certain 
circumstances. Because of limited horticultural interest in wild 
daisies, including E. maguirei, trade permits may be sought, but few, 
if any, trade permits for plants of wild origin ever would be issued 
since the species is not common in the wild. If plants of cultivated 
origin are available, permits may, under certain circumstances, be 
issued for trade in them. Requests for copies of the regulations on 
plants and inquiries regarding them may be addressed to the Office of 
Management Authority, Fish and Wildlife Service, P.O. Box 3507, 
Arlington, Virginia 22203-3507 (703/358-2104).

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
comments or suggestions concerning this proposed rule are hereby sought 
from the public, other governmental agencies, the scientific community, 
industry, or any other interested party. Comments are particularly 
sought concerning:
    (1) biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to E. maguirei;
    (2) the location of any additional populations of this species and 
the reasons why any habitat should or should not be determined to be 
critical habitat as provided for under Section 4 of the Act;
    (3) additional information concerning the range, distribution, and 
population size of this species; and
    (4) current or planned activities in the subject area and their 
possible impacts on this species.
    Final promulgation of the regulation on this species will take into 
consideration the comments and any additional information received by 
the Service, and such communications may lead to a final regulation 
that differs significantly from this proposal.
    The Act provides for a public hearing on this proposal, if 
requested. Requests must be filed within 45 days of the date of the 
proposal. Such requests must be made in writing and addressed to the 
Field Supervisor, Ecological Services, Fish and Wildlife Service, Salt 
Lake City, Utah (see ADDRESSES above).

National Environmental Policy Act

    The Service has determined that an Environmental Assessment, as 
defined under the authority of the National Environmental Policy Act of 
1969, need not be prepared in connection with regulations adopted 
pursuant to Section 4(a) of the Act, as amended. A notice outlining the 
Service's reasons for this determination was published in the Federal 
Register on October 25, 1983 (48 FR 49244).

References Cited

Cronquist, A. 1947. Revision of the North American species of 
Erigeron, north of Mexico. Brittonia 6(2):1-302.
Heil, K.D. 1989. A vegetation study of Capitol Reef National Park--
endangered, threatened, rare and other plants of concern at Capitol 
Reef National Park. National Park Service, Torrey, Utah.
Kass, R.J. 1990. Final report--Habitat inventory of threatened and 
endangered and candidate plant species in the San Rafael Swell, 
Utah. USDI, Bureau of Land Management, Salt Lake City, Utah. 87 pp.
U.S. Fish and Wildlife Service. 1993. Maguire daisy (Erigeron 
maguirei var. maguirei) craft recovery plan. U.S. Fish and Wildlife 
Service, Salt Lake City, Utah. 27 pp.
Welsh, S.L. 1983a. A bouquet of daisies (Erigeron, Compositae). 
Great Basin Naturalist 43(2):365-368.
Welsh, S.L. 1983b. Utah flora: Compositae (Asteraceae). Great Basin 
Naturalist 43(2):365-368.
Welsh, S.L., N.D. Atwood, L.C. Higgins, and S. Goodrich. 1987. A 
Utah flora. Great Basin Naturalist Memoirs 9:1-894.

Author

    The primary authors of this proposed rule are John L. England, 
botanist (see FOR FURTHER INFORMATION CONTACT:), and Harold M. Tyus, 
Denver Regional Office (303/236-7398).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, the Service hereby proposes to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. It is proposed to amend Sec. 17.12(h) by removing Erigeron 
maguirei var. maguirei and adding the following, in alphabetical order 
under Asteraceae, to the List of Endangered and Threatened Plants:


Sec. 17.12   Endangered and threatened plants.

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    (h) * * *

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                  Species                                                                                       
-------------------------------------------    Historic range       Status     When listed   Critical   Special 
   Scientific name         Common name                                                       habitat     rules  
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Asteraceae (Aster                                                                                               
 Family)                                                                                                        
                                                                                                                
                                                  * * * * * * *                                                 
Erigeron maguirei...  Maguire daisy.......  U.S.A. (UT).........  T            202, (____)         NA         NA
                                                                                                                
                                                  *  * * * * **                                                 
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    Dated: August 19, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-22030 Filed 9-6-94; 8:45 am]
BILLING CODE 4310-55-M