[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Proposed Rules]
[Pages 30826-30827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14357]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 12-Month Finding
for a Petition To List the Plant Lathyrus grimesii (Grimes vetchling)
as Endangered in Nevada
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 12-month petition finding.
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SUMMARY: The Fish and Wildlife Service (Service) announces a 12-month
finding for a petition to list Lathyrus grimesii (Grimes vetchling) as
an endangered species under the emergency provisions of the Endangered
Species Act of 1973, as amended (Act). After review of all available
scientific and commercial information concerning the status of the
species, the Service finds that listing Lathyrus grimesii is not
warranted.
DATES: The finding announced in this document was made on May 2, 1995.
ADDRESSES: Data, information, comments, or questions concerning this
petition should be submitted to the Supervisor, U.S. Fish and Wildlife
Service, Ecological Services Field Office, 4600 Kietzke Lane, Building
C-125, Reno, Nevada 89502. The petition, findings, and supporting data
are available for public inspection, by appointment, during normal
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Janet Bair, staff biologist, at the
above address, or telephone 702-784-5227.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(B) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), requires that, for any petition to
revise the Lists of Endangered and Threatened Wildlife and Plants that
contains substantial scientific or commercial information, a finding be
made within 12 months of the date of receipt of the petition on whether
the petitioned action is (a) not warranted, (b) warranted, or (c)
warranted but precluded from immediate proposal by other pending
proposals. Such 12-month findings are to be published in the Federal
Register.
On May 19, 1993, the Service received a petition dated May 10,
1993, to emergency list the plant Lathyrus grimesii (Grimes vetchling)
as an endangered species. The Service's finding that substantial
information existed indicating the petitioned action may be warranted,
was published in the Federal Register on July 11, 1994 (59 FR 35304). A
status review was initiated at that time.
Lathyrus grimesii, a member of the pea family (Fabaceae), is a
perennial herb known only from the Independence Mountains and vicinity
in Elko County, Nevada. At the time the petition was submitted to the
Service, the total distribution of Lathyrus grimesii was believed to be
restricted to three or four small populations located within an area
smaller than 2 square kilometers (approximately 1 square mile) in the
Dorsey Creek drainage of the Independence Mountains. All but one of
these populations were located in the immediate vicinity of an area
proposed for gold mine exploration.
Based on these data, the petition and supporting information
suggested all known populations of Lathyrus grimesii were likely to be
affected by gold exploration or mine development. However, the Forest
Service, in conjunction with other agencies and concerned entities,
modified the project so as to avoid all direct and most indirect
impacts to the Lathyrus grimesii populations. In December 1993 the
Service was notified that minerals exploration in this area was not
successful and no further exploration was planned.
Data collected by Humboldt National Forest, Independence Mining
Company, Inc., and Nevada Natural Heritage Program during the summers
of 1993 and 1994 indicates that Lathyrus grimesii is more abundant than
previously believed. Aerial and ground field surveys resulted in
identification of 67 total populations of Lathyrus grimesii, located in
nine separate drainages in the Independence Mountains. These
populations collectively cover approximately 150 to 200 hectares (400
to 500 acres), distributed over an area of about 130 square kilometers
(50 square miles) (James Morefield, Nevada Natural Heritage Program, in
litt. 1994). In addition, a separate population occurs on Wilson Peak
in the neighboring Bull Run Mountains. Approximately 30 percent of the
known populations occur on private lands, while approximately 70
percent occur on lands under Forest Service management. A very small
proportion of the known populations (approximately 1 percent) occur on
lands managed by the Bureau of Land Management in the Bull Run
Mountains.
The existence of disseminated gold has resulted in mine claims
throughout the Independence Mountains as well as exploration projects
and mine development in several areas. The recently discovered
populations of Lathyrus grimesii occur on lands with high mineral
potential (Dean Morgan, Humboldt NF, Mountain City Ranger District, in
litt. 1994). However, while mine claims have been established in this
area, exploration has not occurred. The few roads into the area are
located primarily on private inholdings. Any extensive exploration of
this area will require building new roads or agreements with the
private landowners for access. Humboldt National Forest has not
received any new proposals for mine exploration, development, or
associated activities in areas populated by Lathyrus grimesii.
Livestock grazing is presently a dominant land use in the vicinity
of the recently discovered populations. Grazing effects were noted as
moderate to severe at some sites in 1994, and cattle were observed
grazing on the dried stems of Lathyrus grimesii within one population
(James Morefield, in litt. 1994). Grazing of green stems during
flowering and fruiting has not been observed. Humboldt National Forest
has notified ranchers of the presence of Lathyrus grimesii and advised
them to minimize livestock movements through the populations (Jim
Nelson, Humboldt NF, in litt., 1994).
The petition indicated that Lathyrus grimesii qualified for
listing, in part, because of the inadequacy of existing regulatory
mechanisms. In April 1994, Lathyrus grimesii was added to the Forest
Service's Intermountain Region's [[Page 30827]] list of sensitive
plants. The Forest Service has authority to develop and implement
management practices to insure sensitive species do not become
threatened or endangered because of Forest Service actions. The Forest
Service also has authority to require that new project proposals in or
near Lathyrus grimesii populations on Forest Service lands contain
mitigation measures to insure population stability. Since the petition
was received by the Fish and Wildlife Service, Humboldt National Forest
has initiated various conservation activities involving Lathyrus
grimesii, including population monitoring and seed collection. They
have also expressed willingness to develop and implement a conservation
agreement and strategy for Lathyrus grimesii (Jim Nelson, in litt.
1994). The species currently receives no protection by the State of
Nevada, therefore, no regulatory mechanisms are in place to protect its
populations or habitats on private lands. Major threats to populations
located on private lands have not been identified.
Prior to the discovery of new populations of Lathyrus grimesii, the
limited distribution of the species in the Dorsey Creek drainage and
its occurrence on steep, unstable slopes indicated the species was
vulnerable to stochastic extinction through natural or human-induced
catastrophic events such as landslides and erosion. Recent discoveries
of the species in multiple drainages indicates that stochastic
extinction is unlikely.
The presence of exotic weeds within populations of Lathyrus
grimesii may pose a threat to individual populations, but currently do
not pose a threat to the continued existence of the species. The
noxious Euphorbia esula (weed leafy spurge) was discovered in one
Lathyrus grimesii population in the Deep Creek drainage, and Bromus
tectorum (cheatgrass) was present in at least half of the populations
surveyed in 1994. Presence of noxious weeds in these areas may be
attributable to poor range condition.
After review of all scientific and commercial information available
on Lathyrus grimesii, the Service has determined that listing Lathyrus
grimesii is not warranted at this time. This decision is based on
information contained in the petition and otherwise available to the
Service at the time the 12-month finding was made. The Service
recognizes that additional information on biology, threats to
populations and habitats, and future conservation actions is necessary
to keep track of the species' status. Lathyrus grimesii is, thus,
retained in category 2 candidate status until sufficient information
becomes available to base a decision on whether to retain or delete the
species from the list of candidates. If additional data become
available in the future, the Service may reassess the need for listing.
Author. The primary author of this document is Janet Bair (see
ADDRESSES section above).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: May 2, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-14357 Filed 6-9-95; 8:45 am]
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