[Federal Register Volume 71, Number 60 (Wednesday, March 29, 2006)]
[Proposed Rules]
[Pages 15966-16002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2840]
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Part III
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants--Designation of Critical
Habitat; Proposed Rule
Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 /
Proposed Rules
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU45
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Astragalus ampullarioides (Shivwits Milk-Vetch)
and Astragalus holmgreniorum (Holmgren Milk-Vetch)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
designate critical habitat for two endangered plants, Astragalus
ampullarioides (Shivwits milk-vetch) and Astragalus holmgreniorum
(Holmgren milk-vetch), pursuant to the Endangered Species Act of 1973,
as amended (Act or ESA). In total, approximately 2,620 hectares (ha)
(6,475 acres (ac)) fall within the boundaries of the proposed critical
habitat designation for A. holmgreniorum in Mohave County, Arizona, and
Washington County, Utah, and approximately 980 ha (2,421 ac) fall
within the boundaries of the proposed critical habitat designation for
A. ampullarioides in Washington County, Utah.
DATES: We will accept comments from all interested parties until May
30, 2006. We must receive requests for public hearings, in writing, at
the address shown in the ADDRESSES section by May 15, 2006.
ADDRESSES: If you wish to comment, you may submit your comments and
materials concerning this proposal by any one of several methods:
1. You may submit written comments and information to Henry Maddux,
Field Supervisor, U.S. Fish and Wildlife Service, Utah Fish and
Wildlife Office, 2369 West Orton Circle, Suite 50, West Valley City,
Utah 84119.
2. You may hand-deliver written comments to our office, at the
above address.
3. You may send comments by electronic mail (e-mail) to
[email protected]. Please see Public Comments Solicited section below
for file format and other information about electronic filing.
4. You may fax your comments to 801-975-3331.
5. You may submit comments via the Federal E-Rulemaking Portal at
http://www.regulations.gov.
Comments and materials received, as well as supporting
documentation used in the preparation of this proposed rule, will be
available for public inspection, by appointment, during normal business
hours at the Utah Fish and Wildlife Office at the above address.
FOR FURTHER INFORMATION CONTACT: Field Supervisor, Utah Fish and
Wildlife Office, 2369 West Orton Circle, Suite 50, West Valley City,
Utah 84119. (telephone 801-975-3330; facsimile 801-975-3331).
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, comments or
suggestions from the public, other concerned governmental agencies, the
scientific community, industry, or any other interested party
concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) The reasons any habitat should or should not be determined to
be critical habitat as provided by section 4 of the Act, including
whether the benefit of designation will outweigh any threats to the
species due to designation;
(2) Specific information on the amount and distribution of
Astragalus holmgreniorum and A. ampullarioides habitat, and what
habitat has features essential to the conservation of the species and
why;
(3) Specific information on the potential significance of a small
site of Astragalus holmgreniorum, found north of Atkinville wash and
west of Interstate Highway 15 (I-15) and not currently included in the
proposed designation, to the conservation of the species (see Occupied
Area not Included in Proposal);
(4) Information regarding the inclusion of: (a) Occupied habitat
for Astragalus holmgreniorum and A. ampullarioides found in intervening
areas of I-15 (i.e., between the northbound and southbound lanes and
within the highway right-of-way but outside the highway prism) (see
Proposed Critical Habitat Designation for A. holmgreniorum, Subunit 1a:
State Line, and Proposed Critical Habitat Designation for A.
ampullarioides, Subunit 4a: Harrisburg Bench and Cottonwood); and (b)
the intervening lands between occupied sites in Arizona (see Proposed
Critical Habitat Designation for A. holmgreniorum, Subunit 1a: State
Line);
(5) Information regarding the benefits of excluding specific lands
from, or including specific lands in, the designation of critical
habitat including but not limited to, lands managed by Shivwits Band of
Paiutes, Utah School and Institutional Trust Lands Administration
(SITLA), Arizona State Land Department (ASLD), and lands recently
burned due to wildfire (see Proposed Critical Habitat Designation for
Astragalus holmgreniorum, Unit 4a);
(6) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
(7) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities; and
(8) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments.
If you wish to comment, you may submit your comments and materials
concerning this proposal by any one of several methods (see ADDRESSES
section). Please submit Internet comments to [email protected] in
ASCII file format and avoid the use of special characters or any form
of encryption. Please also include ``Attn: Shivwits or Holmgren milk-
vetch'' in your e-mail subject header and your name and return address
in the body of your message. If you do not receive a confirmation from
the system that we have received your Internet message, contact us
directly by calling our Utah Fish and Wildlife Office at phone number
801-975-3330. Please note that the Internet address [email protected]
will be closed at the termination of the public comment period.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home addresses from the rulemaking record, which we will honor to
the extent allowable by law. There also may be circumstances in which
we would withhold from the rulemaking record a respondent's identity,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment, but you should be aware that the Service may be required to
disclose your name and address pursuant to the Freedom of Information
Act. However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
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identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the above
address.
Role of Critical Habitat in Actual Practice of Administering and
Implementing the ESA
Attention to and protection of habitat is paramount to successful
conservation actions. The role that designation of critical habitat
plays in protecting habitat of listed species, however, is often
misunderstood. As discussed in more detail below in the discussion of
exclusions under ESA section 4(b)(2), there are significant limitations
on the regulatory effect of designation under ESA section 7(a)(2). In
brief, (1) designation provides additional protection to habitat only
where there is a Federal nexus; (2) the protection is relevant only
when, in the absence of designation, destruction or adverse
modification of the critical habitat would in fact take place (in other
words, other statutory or regulatory protections, policies, or other
factors relevant to agency decision-making would not prevent the
destruction or adverse modification); and (3) designation of critical
habitat triggers the prohibition of destruction or adverse modification
of that habitat, but it does not require specific actions to restore or
improve habitat.
Currently, only 470 species, or 37 percent of the 1,264 listed
species in the United States under the jurisdiction of the Service,
have designated critical habitat. We address the habitat needs of all
1,264 listed species through conservation mechanisms such as listing,
section 7 consultations, the section 4 recovery planning process, the
section 9 protective prohibitions of unauthorized take, section 6
funding to the States, the section 10 incidental take permit process,
and cooperative, nonregulatory efforts with private landowners. The
Service believes that it is these measures that may make the difference
between extinction and survival for many species.
In considering exclusions of areas proposed for designation, we
evaluated the benefits of designation in light of Gifford Pinchot Task
Force v. United States Fish and Wildlife Service. In that case, the
Ninth Circuit invalidated the Service's regulation defining
``destruction or adverse modification of critical habitat.'' In
response, on December 9, 2004, the Director issued guidance to be
considered in making section 7 adverse modification determinations.
This proposed critical habitat designation does not use the invalidated
regulation in our consideration of the benefits of including areas in
this final designation. The Service will carefully manage future
consultations that analyze impacts to designated critical habitat,
particularly those that appear to be resulting in an adverse
modification determination. Such consultations will be reviewed by the
Regional Office prior to finalizing to ensure that an adequate analysis
has been conducted that is informed by the Director's guidance.
On the other hand, to the extent that designation of critical
habitat provides protection, that protection can come at significant
social and economic cost. In addition, the mere administrative process
of designation of critical habitat is expensive, time-consuming, and
controversial. The current statutory framework of critical habitat,
combined with past judicial interpretations of the statute, make
critical habitat the subject of excessive litigation. As a result,
critical habitat designations are driven by litigation and courts
rather than biology, and made at a time and under a time frame that
limits our ability to obtain and evaluate the scientific and other
information required to make the designation most meaningful.
In light of these circumstances, the Service believes that
additional agency discretion would allow our focus to return to those
actions that provide the greatest benefit to the species most in need
of protection.
Procedural and Resource Difficulties in Designating Critical Habitat
We have been inundated with lawsuits for our failure to designate
critical habitat, and we face a growing number of lawsuits challenging
critical habitat determinations once they are made. These lawsuits have
subjected the Service to an ever-increasing series of court orders and
court-approved settlement agreements, compliance with which now
consumes nearly the entire listing program budget. This leaves the
Service with little ability to prioritize its activities to direct
scarce listing resources to the listing program actions with the most
biologically urgent species conservation needs.
The consequence of the critical habitat litigation activity is that
limited listing funds are used to defend active lawsuits, to respond to
Notices of Intent (NOIs) to sue relative to critical habitat, and to
comply with the growing number of adverse court orders. As a result,
listing petition responses, the Service's own proposals to list
critically imperiled species, and final listing determinations on
existing proposals are all significantly delayed.
The accelerated schedules of court-ordered designations have left
the Service with limited ability to provide for public participation or
to ensure a defect-free rulemaking process before making decisions on
listing and critical habitat proposals, due to the risks associated
with noncompliance with judicially imposed deadlines. This in turn
fosters a second round of litigation in which those who fear adverse
impacts from critical habitat designations challenge those
designations. The cycle of litigation appears endless, and is very
expensive, thus diverting resources from conservation actions that may
provide relatively more benefit to imperiled species.
The costs resulting from the designation include legal costs, the
cost of preparation and publication of the designation, the analysis of
the economic effects and the cost of requesting and responding to
public comment, and in some cases the costs of compliance with the
National Environmental Policy Act (NEPA). These costs, which are not
required for many other conservation actions, directly reduce the funds
available for direct and tangible conservation actions.
Background
We intend to discuss only those topics directly relevant to the
designation of critical habitat in this proposed rule. For more
information on the Astragalus holmgreniorum and A. ampullarioides refer
to the final listing rule published in the Federal Register on
September 28, 2001 (66 FR 49560).
Both Astragalus holmgreniorum and A. ampullarioides are members of
the pea family (Fabaceae or Leguminosae). A. holmgreniorum is found in
both Washington County, Utah (UT), and Mohave County, Arizona (AZ),
while A. ampullarioides is only found in Washington County, UT. Both
species are narrowly distributed Mojave Desert endemics. Three
populations of A. holmgreniorum and five populations of A.
ampullarioides are known to exist (66 FR 49560; September 28, 2001).
However, the distribution of plants within these populations is not
always continuous; therefore, some populations are split into more than
one site or proposed critical habitat unit.
For the purposes of this proposed rule, the term ``population''
refers to an area of species concentration of either Astragalus
holmgreniorum or A. ampullarioides individuals. The term ``occurrence''
indicates a record of one
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or more individual plants. A ``site'' refers to the land that supports
individuals of the species, while a ``unit'' refers to specific sites
that are being considered for critical habitat designation.
Astragalus holmgreniorum
All known populations of Astragalus holmgreniorum occur within
approximately 16 kilometers (km) (10 miles (mi)) of St. George, UT in
Washington County, UT and in Mohave County, AZ. Populations are found
between 756 and 914 meters (m) (2,480 and 3,000 feet (ft)) in elevation
in areas that drain to the Santa Clara and Virgin rivers. The landscape
has small and large hill and plateau formations which are broken up by
water erosion. A. holmgreniorum is most frequently found on the skirt
edges of hill and plateau formations, slightly above or on the edge of
drainage areas (e.g., Harper and Van Buren 1997, 2004; Service,
unpublished data, 2005). In areas where A. holmgreniorum is found, a
large portion of the soil surface is non-vegetated, and is
characterized by small stone and gravel deposits (Van Buren and Harper
2003a). A. holmgreniorum frequently occur near intermittent drainage
and receive ``run on'' water from nearby sloping areas (Harper 1997;
Harper and Van Buren 1997). This, combined with slower evaporation due
to shading produced by the small stone and gravel, may create better
water relations in excess of regional rainfall (Harper 1997; Harper and
Van Buren 1997).
Astragalus holmgreniorum is a short-lived perennial; few plants
live past three years, with 4 years being the oldest documented
lifespan (Stubben 1997; Van Buren and Harper 2003a). Second-year and
older plants appear several weeks before seedlings, generally in late
February or early March. The best time to detect the species is while
it is producing flowers (typically between March and April) and fruit
(the majority of plants set fruits by the end of April). Seed pods are
persistent until the end of May. Plants die back to roots between late
May and mid-June (Van Buren and Harper 2003a).
Annual fluctuations in the number of individuals within a
population are great. Years with adequate precipitation produced a
population estimated at 10,000 individuals, while populations in dry
years may be as few as 500 individuals (Van Buren and Harper 2003a).
Surveys conducted in different areas in 2003 and 2004 found individual
numbers at 12,315 and 15,902 respectively (Van Buren 2003; Van Buren
2004). These more intensive surveys indicate that in some years
population numbers are higher than the 10,000 individuals estimated at
the time of the listing rule. However, surveys in 2003 and 2004
occurred in the spring and nearly all individuals counted were
seedlings. More seedlings are found when precipitation in the first
quarter of the year is higher (Van Buren and Harper 2003a). In the most
recent years (2000, 2001, 2003, 2004), high flushes of seedlings have
been coupled with a low survivorship rate (58.9 to 96.8 percent
mortality) most likely due to the timing of precipitation; this
mortality has resulted in relatively few reproductive adults (Van Buren
and Harper 2004a). There is not a current total population estimate.
Although the landscape holds an unknown quantity of seeds (referred
to as a seed bank), high mortality may be depleting the seed bank (Van
Buren 2004). Low survivorship and reproductive results would make this
species vulnerable to extinction due to chance events, in the event
that the population declines. In addition, in relationship to genetic
fitness, seed germination may decrease as a population declines in size
(Menges 1991; Heschel & Paige 1995). According to Menges (1990), if a
population is to survive, offspring must be produced in quantity to
replace the parent population. Currently, A. holmgreniorum seedling
mortality continues to be very high, and adults are lacking (Van Buren
2003 and 2004; Van Buren and Harper 2004a).
Habitat is often dynamic, and species may move from one area to
another over time. Seeds are thought to be dispersed by water as plants
are generally found on the skirt edges of washes or in run-off channels
around mounds (Harper and Van Buren 1997; Van Buren and Harper 2003a).
Rodents and smaller ground-dwelling birds are likely other dispersal
agents (Dr. Stanley Welsh, Brigham Young University, pers. comm. 2005).
Astragalus holmgreniorum does not reproduce through vegetative
methods; therefore, the setting of seed is necessary for future
offspring. Flowers on some A. holmgreniorum plants can produce fruit
without insect visitation (i.e., autogamously) (Tepedino 2005).
However, self-fertilized flowers produced fewer fruits, and this
ultimately negatively influences the number of offspring. A loss in
pollinators could decrease genetic diversity and population fitness
(Tepedino 2005).
Astragalus ampullarioides
All known populations of Astragalus ampullarioides occur within
Washington County, UT. Locations of A. ampullarioides populations are
associated with the Chinle Formation, an often purple-hued patch of
soft clay soil (Harper and Van Buren 1997; Stubben 1997). Isolated
outcrops of the Chinle formation are found around St. George, UT
(Armstrong and Harper 1991; Stubben 1997). This substrate, which is
light and airy when dry, expands greatly with precipitation, becoming
slick and glue-like (Harper 1997). In dry periods, this soil is
considered unstable (Van Buren and Harper 2003b). During soil
expansion, areas rise up into mounds (Harper 1997). Equal contraction
upon drying often results in the formation of deep, wide cracks (Harper
1997). This quality tends to constrict root systems so that few
perennial plants persist on the Chinle formation (Harper 1997). Within
Zion National Park (Zion NP), known sites of A. ampullarioides may
possibly contain materials from later geologic formations.
Astragalus ampullarioides populations are found between 920 to 1330
m (3,018 to 4,367 ft) in elevation. Because occupied sites are small in
area, it is difficult to link the presence of A. ampullarioides to any
given soil type. Soil series information for 6 locations, representing
42 A. ampullarioides occurrences, lacked strong correlations between
presence of A. ampullarioides and any given soil type (Service,
unpublished, 2005). A. ampullarioides is documented from the following
soil types described by USDA et al. (1977): Stony colluvial land;
Naplene silt loam, 2 to 6 percent slope; Eroded land-Shalet complex;
Badland, very steep; Mathis-Rock outcrop complex, 20 to 50 percent
slopes; Rock land, stony; Bond sandy loam, 1 to 10 percent; Clovis fine
sandy loam, 1 to 5 percent slopes; Badland; and Rock land Hobog
association (Service, unpublished, 2005).
Astragalus ampullarioides is a perennial herb. Its lifespan is
unknown, but available data indicate a lifespan of at least 9 years
(Van Buren and Harper 2004b). Flowering occurs between March and late
May. In most years, plants dry up by the end of June; however, vestiges
of dried plants may persist longer. The perennial rootstock allows A.
ampullarioides to survive dry years; in a drought year (e.g., 2002)
plants may not emerge (Van Buren and Harper 2003b). Dormancy is one
documented method by which longer-lived plant species can survive
changing climatic conditions, particularly in areas
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with variable and unpredictable rainfall (Epling and Lewis 1952).
Epling and Lewis (1952) indicate that the adaptive traits of a plant
species utilizing dormancy, with some individuals remaining dormant in
one growing season while others develop and reproduce, produces
populations with some resiliency to environmental fluctuation.
Due to climatic or other conditions, the number of Astragalus
ampullarioides individuals documented in a given year at a given site
varies. The total number of A. ampullarioides individuals was estimated
at 1,000 individuals at the time of listing, with numbers in Zion NP
estimated at 300 to 500 individuals (R. Van Buren 2000, in 66 FR
49560). More recent site visits and surveys at Zion NP have expanded
this number to 1,500 individuals (J. Alexander, pers. comm. 2004).
Yearly information at other sites has varied, and total numbers are
likely to be under 2,000 individuals (Dr. Renee Van Buren, Utah Valley
State College, pers. comm. 2005). Variables (such as plant dormancy and
population shift due to extinction and colonization of new sites) make
estimating the total number of individuals in any given year difficult.
According to Van Buren and Harper (2003a), the number of new
Astragalus ampullarioides seedlings is related to precipitation in the
year of observation, while percent mortality reflects moisture
relations experienced in the prior year. Excluding 2002, when plants
were not seen due to extreme drought conditions, the percent of adults
and overall representation of age classes documented at a single site
(Pahcoon Spring Wash) is considered stable (Van Buren and Harper 2003a;
Van Buren and Harper 2004b). In the years 2000, 2001, 2003, 2004,
seedlings comprised 7.5 to 54 percent of the population, and adults
ranged from 40 to 77 percent (Van Buren and Harper 2004b). However,
data on population size, reproductive output, and percent survivorship
indicate a decline occurred in conjunction with severe drought in 2002
(Van Buren and Harper 2004b). The small population size of most A.
ampullarioides populations and limited geographic range make these
populations vulnerable to randomly occurring catastrophic events, as
well as small-scale habitat degradation (66 FR 49560).
No methods of seed dispersal have been documented. Water drainage
patterns, landscape erosion, and soil slumping may contribute to the
development of appropriate habitat sites and may move seeds within
sites (Van Buren and Harper 2003). The disjunct populations of
Astragalus ampullarioides suggest bird dispersal, as pockets of Chinle
are sufficiently far apart (Dr. S. Welsh, pers. comm. 2005).
Previous Federal Actions
For more information on previous Federal actions concerning the
Astragalus holmgreniorum and A. ampullarioides, refer to the final
listing rule published in the Federal Register on September 28, 2001
(66 FR 49560).
On September 27, 2004, Center of Biological Diversity and Utah
Native Plant Society filed a lawsuit against the Department of Interior
(DOI) and the Service. The plaintiffs alleged that we were in violation
of the ESA because we had failed to designate critical habitat and we
had not developed a recovery plan for the two species. On July 15,
2005, a court settlement was approved with a proposed critical habitat
designation to be submitted to the Federal Register by March 17, 2006,
and a final critical habitat designation to be submitted to the Federal
Register by December 16, 2006. Recovery planning for these species is
ongoing; however, a recovery plan for these species has not yet been
completed.
Critical Habitat
Critical habitat is defined in section 3 of the ESA as: (i) The
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the ESA, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. Conservation, as defined under section 3 of the ESA means
to use and the use of all methods and procedures which are necessary to
bring any endangered species or threatened species to the point at
which the measures provided pursuant to the ESA are no longer
necessary. Such methods and procedures include, but are not limited to,
all activities associated with scientific resources management such as
research, census, law enforcement, habitat acquisition and maintenance,
propagation, live trapping, and transplantation, and, in the
extraordinary case where population pressures within a given ecosystem
cannot be otherwise relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the ESA
through the prohibition against destruction or adverse modification of
critical habitat with regard to actions carried out, funded, or
authorized by a Federal agency. Section 7 requires consultation on
Federal actions that are likely to result in the destruction or adverse
modification of critical habitat. The designation of critical habitat
does not affect land ownership or establish a refuge, wilderness,
reserve, preserve, or other conservation area. Such designation does
not allow government or public access to private lands. Section 7 is a
purely protective measure and does not require implementation of
restoration, recovery, or enhancement measures.
To be included in a critical habitat designation, the habitat
within the area occupied by the species must first have features that
are essential to the conservation of the species. Critical habitat
designations identify, to the extent known using the best scientific
data available, habitat areas that provide essential life cycle needs
of the species (i.e., areas on which are found the primary constituent
elements, as defined at 50 CFR 424.12(b)).
Habitat occupied at the time of listing may be included in critical
habitat only if the essential features thereon may require special
management or protection. Thus, we do not include areas where existing
management is sufficient to conserve the species. (As discussed below,
such areas may also be excluded from critical habitat pursuant to
section 4(b)(2).) Accordingly, when the best available scientific data
do not demonstrate that the conservation needs of the species so
require, we will not designate critical habitat in areas outside the
geographical area occupied by the species at the time of listing. An
area currently occupied by the species but was not known to be occupied
at the time of listing will likely, but not always, be essential to the
conservation of the species and, therefore, typically included in the
critical habitat designation.
The Service's Policy on Information Standards Under the ESA,
published in the Federal Register on July 1, 1994 (59 FR 34271), and
section 515 of the Treasury and General Government Appropriations Act
for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) and the associated
Information Quality Guidelines issued by the Service, provide criteria,
establish procedures, and provide guidance to ensure that decisions
made by the Service represent the best scientific and commercial data
available. They require Service biologists to the extent consistent
with the ESA and with the use of the best
[[Page 15970]]
scientific and commercial data available, to use primary and original
sources of information as the basis for recommendations to designate
critical habitat. When determining which areas are critical habitat, a
primary source of information is generally the listing package for the
species. Additional information sources include the recovery plan for
the species, articles in peer-reviewed journals, conservation plans
developed by States and counties, scientific status surveys and
studies, biological assessments, or other unpublished materials and
expert opinion or personal knowledge. All information is used in
accordance with the provisions of section 515 of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Pub. L.
106-554; H.R. 5658) and the associated Information Quality Guidelines
issued by the Service.
Section 4 of the ESA requires that we designate critical habitat on
the basis of the best scientific data available. Habitat is often
dynamic, and species may move from one area to another over time.
Furthermore, we recognize that designation of critical habitat may not
include all of the habitat areas that may eventually be determined to
be necessary for the recovery of the species. For these reasons,
critical habitat designations do not signal that habitat outside the
designation is unimportant or may not be required for recovery.
Areas that support populations, but are outside the critical
habitat designation, will continue to be subject to conservation
actions implemented under section 7(a)(1) of the ESA and to the
regulatory protections afforded by the section 7(a)(2) jeopardy
standard, as determined on the basis of the best available information
at the time of the action. Federally-funded or permitted projects
affecting listed species outside their designated critical habitat
areas may still result in jeopardy findings in some cases. Similarly,
critical habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans, or
other species conservation planning efforts if new information
available to these planning efforts calls for a different outcome.
Methods
As required by the section 4(b)(2) of the Act and its implementing
regulations (50 CFR 424.12), we use the best scientific data available
in determining areas that contain the physical and biological features
that are essential to the conservation of Astragalus holmgreniorum and
A. ampullarioides (see Primary Constituent Elements section). We
reviewed available information that pertains to the habitat
requirements of these species. This information included data from our
files that we used for listing the species; biological surveys; peer-
reviewed articles; agency reports and databases; soil series maps,
including regional Geographic Information System (GIS) coverages for
Mohave County, AZ, and Washington County, UT; geologic maps; aerial
photography; information provided from the Bureau of Land Management
(BLM), Zion NP, and SITLA; and discussions with field experts. We also
made several visits to A. holmgreniorum and A. ampullarioides sites
with representatives from the BLM, SITLA, the Shivwits Band of the
Pauite Tribe, and other botanical experts and interested parties.
We utilized herbarium locations assembled by Armstrong and Harper
(1991) and Lee Hughes, BLM Arizona, (pers. comm. 2005); hand-sketched
reconnaissance records from the late 1980s and early 1990s; and
location polygons provided by BLM (2004). In addition, we examined
2,824 occurrence points for Astragalus holmgreniorum and 42 occurrence
points for A. ampullarioides provided by SITLA, Zion NP, and Dr. R. Van
Buren. Field surveyors gathered these points in 2003, 2004, and 2005
using handheld Global Positioning System (GPS) units. Although these
points may have some spatial errors due to positions of satellites and
overlay of different map layers, we used them as reference for baseline
information.
The long-term conservation of both Astragalus holmgreniorum and A.
ampullarioides is dependent upon the protection of existing populations
and the maintenance of ecological functions within these sites,
including: Connectivity within and between populations within close
geographic proximity to facilitate pollinator activity and seed
dispersal mechanisms; population expansion; and the ability to maintain
these areas free of major ground-disturbing activities. The areas we
are proposing to designate as critical habitat provide some or all of
the habitat components essential for the conservation of the A.
holmgreniorum and A. ampullarioides. We do not propose any areas
outside the geographical area presently occupied by the species. In
addition, information provided in comments on the proposed critical
habitat designation and draft economic analysis will be evaluated and
considered in the development of the final designation for A.
holmgreniorum and A. ampullarioides.
Primary Constituent Elements
Pursuant to our regulations, we are required to identify the known
physical and biological features (PCEs) essential to the conservation
of the two Astragalus species. These include, but are not limited to--
space for individual and population growth and for normal behavior;
food, water, air, light, minerals, or other nutritional or
physiological requirements; cover or shelter; sites for reproduction,
germination, or seed dispersal; and habitats that are protected from
disturbance or are representative of the historic geographical and
ecological distributions of a species. All areas proposed as critical
habitat for Astragalus holmgreniorum and A. ampullarioides are
occupied, within the species' historic geographic range, and contain
sufficient PCEs to support at least one life history function.
The primary constituent elements required for Astragalus
holmgreniorum and A. ampullarioides are derived from their biological
needs as described in the Background section of this proposal. They
include those habitat components essential for the biological needs of
each species, including seed germination and seedling growth, flower
production, pollination, seed set and fruit production, and genetic
exchange.
Astragalus holmgreniorum
Space for Individual and Population Growth and Food, Water, Air, Light,
Minerals or Other Nutritional or Physiological Requirements
Astragalus holmgreniorum has a limited distribution; it is found
only in a small area in UT and AZ. Within these areas, A. holmgreniorum
requires appropriate soils, associated formations, slope, drainage and
plant community within the landscape to provide space for individual
and population growth and to provide food, water, air, light minerals
or other nutritional or physiological requirements. In UT, A.
holmgreniorum is found on the Virgin Limestone, upper redbed subunits
of the Moenkopi formation, and on the Chinle shale formation (Petrified
Forest member) with a thin gravel layer from the Shinarump Conglomerate
member (Harper and Van Buren 1997). Sites in UT are most affiliated
with the following soil series: Both Badland and Badland, very steep;
Hobog-Rock Land association; Isom cobbly sandy loam, 3-30 percent
slope; Eroded land-Shalet complex, warm (USDA et al., 1977).
[[Page 15971]]
Sites in AZ are believed to be associated with the Virgin Limestone
member and middle red member of the Moenkopi Formation (L. Hughes,
pers. comm. 2005). These sites may be affiliated with the following
soil series: Ruesh very gravelly fine sandy loam, 3-20 percent slopes;
Gypill-Hobog complex, 6-35 percent slopes; Gypill very cobbly sandy
loam, 15-40 percent; and Hobog-Grapevine complex, 2-35 percent slopes
(USDA et al. 2000).
Astragalus holmgreniorum occurs at elevations from 756 to 914 m
(2,480 to 3,000 ft) on sites with slight to moderate slope (Service,
unpublished data, 2005). Slopes range from 0 to 46.55 percent (Service,
unpublished, 2005), although most individuals of A. holmgreniorum are
found between 1.54 and 14.01 percent slope (Service, unpublished data,
2005).
Astragalus holmgreniorum occurs in sparsely vegetated warm desert
communities. Ninety-eight percent of known sites in UT occur within the
landcover described as Sonora-Mojave Creosote-White Bursage Desert
Scrub (NatureServe 2004). This classification contains a matrix of
desert scrub, sparse to moderately dense (2 to 50 percent cover), found
in the broad valleys, plains, and low hills of the Mojave and lower
Sonora Deserts. A. holmgrenorium is not found within the lower Sonora
Desert. Typical dominant shrubs within this landcover type are Larrea
tridentata (creosote bush) and Ambrosia dumosa (white burrobush).
However, in UT, areas where A. holmgreniorum is found are generally
without Larrea tridentata and lack shrub density (Dr. R. Van Buren,
pers. comm. 2005). In Arizona, the species occurs within Mohave Mixed
Shrub and Mohave Creosote/Bursage habitats (Bennett, Kunzmann, and
Graham 2004). Within this ecological system A. holmgreniorum is found
in low vegetated areas where shrubs are sparse and creosote rarely
resides.
Woody plant species associated with Astragalus holmgreniorum are
Acamptopappus sphaerocephalus (desert goldenhead), Ambrosia dumosa
(white burrobush), Ephedra nevadensis (Neveda jointfire), E. torreyana
(Torrey's jointfir), Krameria grayi (White ratany), K. parvifolia
(range ratany), Lycium andersonii (Anderson wolfberry), Gutierrezia
microcephala (threadleaf snakeweed), and G. sarothrae (broom
snakeweed). Other commonly-associated, nonwoody species include: A.
nuttallianus (small flowered milkvetch), Chaenactis sp. (pincushion
flower), Cryptantha sp.(cryptantha), annual Eriogonum sp. (buckwheat),
Eriogonum inflatum (desert trumpet), Hilaria rigida (big galleta), and
Plantago patagonica (wholly plantain) (Armstrong and Harper 1991; Van
Buren and Harper 2003a and b, 2004a). Depending on the moisture regime,
A. holmgreniorum also can be seen with native annuals that are often
ephemeral (seen only in the spring) and, like many Mohave Desert plant
species, seasonally abundant based on climatic conditions.
Sites for Reproduction, Germination, Seed Dispersal or Pollination
Astragalus holmgreniorum is a native species of sparsely vegetated
warm desert communities. Sites for reproduction, germination, and seed
dispersal, and pollination providers are found within the communities
described above.
Astragalus holmgreniorum relies solely on the production of seeds
for reproduction. Optimal seed set occurs through insect visitation and
pollination (Tepedino 2005). Thus, the presence of pollinator
populations is essential to the conservation of A. holmgreniorum
(Tepedino 2005). Bees require a sufficient quantity of flowers to
attract and support their survivorship (Harper et al. 2000; Tepedino
2005). Native bees, such as Anthophora coptognatha, A. dammersi, A.
porterae, Anthophora sp., Eucera quadricincta, Osmia titusi, two types
of Dialictus species, and the introduced honeybee, Apis mellifera, are
the primary visitors and pollinators of A. holmgreniorum (Tepedino
2005). The majority of pollinator species associated with A.
holmgreniorum likely nest in the ground, either in vertical embankments
or on flat surfaces (Tepedino 2005). Unlike other types of bee species
who have aggregated nesting areas, the five anthophorid bees (A.
coptognatha, A. dammersi, A. porterae, Anthophora sp., and Eucera
quadricincta) have nests that are most likely dispersed and well-hidden
(Tepedino 2005). The nesting substrate for O. titusi is unknown, while
the two species of Dialictus nest in the ground.
Many bees expend considerable effort to produce few offspring.
Solitary bees, in conditions without predators and with abundant floral
resources, have been shown to produce only 15-20 offspring per female
(Tepedino 1979). Because solitary bees have low reproductive rates,
their populations rebound slowly after habitat perturbations (Tepedino
1979). Additionally, the lack of favorable natural habitat can
negatively influence pollination productivity (Kremen et al. 2004). Bee
populations fluctuate from year to year (Roubik 2001; Tepedino and
Stanton 1980 in Tepedino 2005). Redundancy of pollinator species is
important because a pollinator species may be abundant one year and
less so the next year (Tepedino 2005). Maintaining a full suite of
pollinators allows the likelihood that another pollinator species will
stand in for a less abundant one (Tepedino 2005), and is essential in
assuring adequate pollination.
Several of the bees visiting Astragalus holmgreniorum are fairly
generalized in their choices of flowers (Eucera quadricincta,
Anthophora coptognatha, and two types of Dialictus); others are known
to have flower preferences (Tepedino 2005). Anthophora porterae and
Osmia titusi have a preference for plants in the legumes or pea family
(Tepedino 2005). Anthophora porterae, a fast and effective forager, is
frequently captured or observed visiting Astragalus flowers (Tepedino
2005). Anthophora dammersi is also known to be a specialist of
Camissonia and is known to inhabit only areas where Camissonia is
present (Tepedino 2005).
Bees have a limited foraging range strongly correlated to body size
(Greenleaf, 2005; Steffan-Dewenter and Tscharntke 1999). Fragmentation
of habitat can result in isolating plants from pollinator nesting
sites. When the distance between plants and the natural habitats of
pollinators increases, plant reproduction (as measured by mean seed
set) can decline by as much as 50 percent in some plant species
(Steffan-Dewenter and Tscharntke 1999). Optimal pollination occurs when
there is abundance of individual pollinators and a species-rich bee
community (Greenleaf 2005).
Greenleaf (2005) defines the typical homing distance of a bee taxon
as the distance at which 50 percent of individual bees of that taxon
have the ability to return to their home (nest, etc). Pollinators for
Astragalus holmgreniorum have average body sizes that correlate with
typical homing distances of 0.1 to 2.9 km (0.06-1.8 mi), based on
Greenleaf (2005). The pollinators with the smallest body size (which
constitute one-third of A. holmgreniorum visitors) have typical homing
distances of around 400 m (1,312 ft) or less (Service, unpublished,
2005). A radius of 400 m (1,312 ft) around a single plant contains
approximately 50 ha (124 ac). Thus, in the delineation of proposed
critical habitat units when the units/subunits were smaller than 124
ac, we expanded the boundary outward to encompass a full 124 ac to
ensure that pollinators would have a sufficient land base to establish
nesting sites and to provide pollinating services for A. holmgreniorum.
[[Page 15972]]
Disturbance, Protection, and the Historical Geographical Distributions
The areas being proposed as critical habitat are representative of
the known historic, geographical, and ecological distributions for
Astragalus holmgreniorum. In total, three units are being proposed that
correspond to the three populations described in the final listing rule
(66 FR 49560, September 28, 2001). Within these units, three subunits
are proposed for the first population and two subunits for the second
population, while the third is a single site. All sites contribute to
ecological distribution and function for this species by providing
representation across the species' limited current range.
Primary Constituent Elements for Astragalus holmgreniorum
Based on our current knowledge of the life history, biology, and
ecology of the species and the requirements of the habitat to sustain
the essential life history functions of the species, the primary
constituent elements for A. holmgreniorum are:
(1) Appropriate geological layers or soils that support individual
Astragalus holmgreniorum plants. A. holmgreniorum is found on the
Virgin Limestone member, middle red member, and upper red member of the
Moenkopi Formation and the Petrified Forest member of the Chinle
Formation (Harper and VanBuren 1997; L. Hughes, pers. comm. 2005).
Associated soils are defined by USDA et al. (1977 and 2000 as Badland;
Badland, very steep; Eroded land-Shalet complex, warm; Hobog-rock land
association; Isom cobbly sandy loam; Ruesh very gravelly fine sandy
loam; Gypill Hobog complex, 6-35 percent slopes; Gypill very cobbly
sandy loam, 15-40 percent slopes; and Hobog-Grapevine complex, 2-35
percent slopes. These soils are generally found at elevations from 756
to 914 m (2,430 to 3,000 ft) and support the associated native plant
species described above with low presence or lack of Larrea tridentata
(creosote bush).
(2) Topographic features/relief (mesas, ridge remnants, alluvial
fans and fan terraces, their summits and backslopes, and gently rolling
to steep swales) and the drainage areas along formation edges with
little to moderate slope (0 to 20 percent).
These topographic features/relief contribute to the soil substrate
and vegetative community described above, natural weathering and
erosion, and the natural surface and subsurface structure that provides
minimally altered or unaltered hydrological conditions (e.g.,
seasonally available moisture from surface or subsurface runoff).
(3) The presence of insect visitors or pollinators, such as
Anthophora captognatha, A. damnersi, A. porterae, Anthophora sp.,
Eucera quadricincta, Omia titus, and two types of Dialictus sp.
Astragalus ampullarioides
Space for Individual and Population Growth, and Food, Water, Air,
Light, Minerals or Other Nutritional or Physiological Requirements
Astragalus ampullarioides has a limited distribution and is found
on clay outcroppings associated with the Chinle Formation (Harper and
Van Buren 1997; Stubben 1997) and possibly landslide materials from
later geologic periods (Zion NP, unpublished, 2005) in a small area in
UT. A. ampullarioides requires appropriate soils, associated
formations, slope, drainage, and plant community within the landscape
to provide space for individual and population growth and to provide
food, water, air, light minerals or other nutritional or physiological
requirements. The texture of this soil is approximately 48.9 percent
clay (Van Buren and Harper 2003a). The high content of minerals non-
oxidized iron minerals gives the soils purplish red hues. These clay
outcroppings are found in limited pockets in Washington County, UT.
Topographic relief that contains the Chinle Formation is necessary to
maintain the soil and natural hydrologic conditions upon which A.
ampullarioides relies, such as surface or subsurface runoff, water
erosion, and water drainages.
Astragalus ampullarioides occurs at elevations from 920 to 1331 m
(3,018 to 4,367 ft) on sites with slight to moderate slope. Individual
sites range from 3.1 to 24 percent slope (Service, unpublished, 2005).
Most individuals of A. ampullarioides are found between 4 and 14
percent slope (Service, unpublished, 2005).
Astragalus ampullarioides is found on sparsely vegetated soil
outcroppings within a variety of plant communities. Living plant cover
is low, approximately 12.3 percent of the landscape, with annual
exotics representing a high proportion (approximately half) of plants
seen (Van Buren and Harper 2003a and 2004b). Associated native plant
species include annual forbs, such as annual species, Lotus humistratus
(hairy deer vetch) and Plantago patagonica (woolly plantain);
perennials, such as Calochortus flexuosus (sego lily) and Dichelostemma
pulchellum (bluedicks); native grass, such as, Hilaria rigida (big
galetta); and shrubs, such as Colegyne ramosissima (blackbrush) and
Gutierrezia microcephala (broom snakeweed) (Van Buren and Harper 2003a
and 2004b).
Sites for Reproduction, Germination, Seed Dispersal or Pollination
Sites for reproduction, germination, and seed dispersal, and
pollination providers are found within the sparsely vegetated soil
outcroppings of the Chinle Formation and their surrounding communities.
The Chinle Formation provides sites for reproduction, germination, and
seed dispersal. However, habitat for pollinator nesting and foraging
extend beyond occupied habitat of Astragalus ampullarioides because of
the home range size of the pollinators and the need for most
pollinators to visit a variety of plant species. Like A. holmgreniorum,
A. ampullarioides relies solely on the production of seeds for
reproduction; therefore, pollination is highly linked to its survival
as a species. Automatic self-pollination (without insect visitation)
produces significantly fewer seeds than the number produced through
pollination or insect visitation (Tepedino 2005). A lack of pollinators
would gradually decrease the number of seeds in the seed bank (Tepedino
2005).
For optimal pollination, many plants require a diversity of
pollinators; these pollinators in turn rely upon a sufficient quantity
of floral resources for their survivorship (Rathcke and Jules 1993;
Steffan-Dewenter and Tscharntke 1999; Kremen et al. 2004; Greenleaf
2005). A. ampullarioides has many of the same insect visitors as A.
holmgreniorum (Anthophora coptognatha, A. dammersi, A. porterae,
Anthophora sp., Apis mellifera, Eucera quadricincta, Osmia titusi, and
two types of Dialictus species). Additionally, A. ampullarioides
pollinators include Bombus morrisoni, Hoplitis grinnelli, Osmia
clarescens, and O. marginata. Bombus morrisoni is one of the most
abundant bumblebee species in the arid areas of Utah and is the most
abundant bumblebee in Washington County (Tepedino 2005). Queens
overwinter and nest in rodent holes, under bark, and in wood piles. B.
morrisoni are social bumblebees. Worker B. morrisoni bumblebees are
active for most or all of the flowering season and must be capable of
gathering pollen and nectar from a variety of flowers. Most individual
workers specialize on one or a few species of flowering plants during
their lifetime of approximately 3 to 4 weeks. The other three species
O. clarescens, O. marginata, and H.
[[Page 15973]]
grinnellii, are generalists that visit a wide range of flowers
(Tepedino 2005).
As with Astragalus holmgrenorium, the associated anthophorid bees
for A. ampullarioides have well-hidden nests in the ground, either in
vertical embankments or on flat surfaces. Osmia clarescens, O.
marginata, and Hoplitis grinnellii nest in existing holes in wood made
by other insects (e.g., beetles). O. clarescens is also known to make
its nests in abandoned mud-dauber nests (Tepedino 2005; Tepedino, pers.
comm. 2005).
As with Astragalus holmgrenorium, reproduction, germination, and
pollination of A. ampullarioides is accomplished by bee populations. If
bees are to be kept active in the area where rare plants occur, then
they must be provided with adequate flowers for the whole flight season
(Tepedino 2005). Known pollinators for A. ampullarioides have body
sizes that correlate with typical homing distances ranging from 0.06 mi
to 1.8 mi (0.1 km to 2.9 km) (derived from Greenleaf, 2005). The
smallest pollinators are limited in the range they can fly, with
typical homing distances of around 400 m (1,312 ft) or less (Service,
unpublished, 2005). A radius of 400 m (1,312 ft) around a single plant
contains approximately 50 ha (124 ac). Thus, in the delineation of
proposed critical habitat units when the units/subunits were smaller
than 124 ac, we expanded the boundary outward to encompass a full 124
ac to ensure that pollinators would have a sufficient land base to
establish nesting sites and to provide pollinating services for A.
ampullarioides.
Disturbance, Protection, and the Historical Geographical Distributions
The areas being proposed as critical habitat are representative of
the known historic, geographical, and ecological distributions for
Astragalus ampullarioides. In total, we are proposing five units, which
correspond to the five populations described in the final listing rule
(66 FR 49560; September 28, 2001). We are dividing one unit into two
subunits for the Harrisburg Junction population, which was described in
the final listing rule as having four disjunct sites (66 FR 49560;
September 28, 2001). All sites contribute to ecological distribution
and function for this species by providing representation across the
known occupied range of the species.
Primary Constituent Elements for A. ampullarioides
Based on our current knowledge of the life history, biology, and
ecology of the species, the primary constituent elements for A.
ampullarioides are:
(1) Outcroppings of soft clay soil, often purple-hued, within the
Chinle Formation, at elevations from 920 to 1,330 m (3,018 to 4,367
ft).
Plant species that are characteristically found on these clay soils
within the Chinle Formation and can indicate the presence of this PCE
for A. ampullarioides are listed above under Space for Individual and
Population Growth, and Food, Water, Air, Light, Minerals or Other
Nutritional or Physiological Requirements.
(2) Topographic features/relief, including alluvial fans and fan
terraces, and gently rolling to steep swales that are often markedly
dissected by water flow pathways from seasonal precipitation with
little to moderate slope (3 to 24 percent).
Associated topographic features/relief contribute to the soil
substrate and vegetative community described above, natural weathering
and erosion, and the natural surface and subsurface structure that
provide minimally altered or unaltered hydrological conditions (e.g.,
seasonally available moisture from surface or subsurface runoff) upon
which Astragalus ampullarioides depends.
(3) The presence of insect visitors or pollinators, such as
Anthophora captognatha, A. damnersi, A. porterae, Anthophora species,
Eucera quadricincta, Bombus morrissonis, Hoplitis grinnelli, Osmia
clarescens, O. marginata, O. titus, O. clavescens, and two types of
Dialictus species.
All areas designated as critical habitat for Astragalus
holmgreniorum and Astragalus ampullarioides are within the geographic
area occupied by the species and were known to be occupied at the time
of listing. This proposed designation is designed for the conservation
of PCEs necessary to support the life history functions that were the
basis for the proposal for each species. Because not all life history
functions require all the PCEs, not all proposed critical habitat will
contain all the PCEs. Each of the areas proposed in this rule have been
determined to contain sufficient PCEs to provide for one or more of the
life history functions of Astragalus holmgreniorum or Astragalus
ampullarioides. In some cases, the PCEs exist as a result of ongoing
Federal actions. As a result, ongoing Federal actions at the time of
designation will be included in the baseline in any consultation
conducted subsequent to this designation.
Criteria Used To Identify Critical Habitat
We are proposing to designate critical habitat for Astragalus
holmgreniorum and A. ampullarioides on lands that we have determined
were occupied at the time of listing and contain the identified primary
constituent elements. In identifying proposed critical habitat units
for A. holmgreniorum and A. ampullarioides, we proceeded through a
multi-step process.
We obtained records of A. holmgreniorum and A. ampullarioides
distribution from BLM Arizona Strip Field Office (BLM AZ); BLM St.
George Field Office (BLM UT); SITLA; Zion NP; Utah Valley State College
(R. VanBuren, unpublished GIS data); and both published and unpublished
documentation from our files. This information included BLM hand-mapped
polygons that outlined occupied or potentially occupied habitats in AZ
and UT, primarily developed prior to the species listing (66 FR 49560,
September 28, 2001).
For some sites, recent 2003 to 2005 survey information was
available and evaluated to identify currently known plant locations
(provided by Zion NP, BLM UT, BLM AZ, SITLA, and Van Buren). Although
occupied sites may gradually change, recent survey results confirm that
plant distribution is similar to known distributions at the time of
listing (66 FR 49560; September 28, 2001).
Our approach to delineating critical habitat units was applied in
the following manner:
(1) We overlayed plant locations into a GIS database. This provided
us with the ability to examine slope, aspect, elevation, vegetation
community, and topographic features, such as drainages. These
datapoints verified and slightly expanded the previously recorded
elevation ranges for both species. Additionally, we found no
correlation between aspect and occurrence location for either species.
Some affiliation of slope for both species was noted; however,
statistical correlation was not conclusive.
To better understand the landscape, we also examined soil series
layers, aerial photography, and hardcopy geologic maps. For Astragalus
holmgreniorum, we focused on soil type and topographic features to
maintain slope and natural drainage; for A. ampullarioides topographic
features to maintain slope and natural drainage were the focus. We were
unable to find GIS layers pertaining to geologic survey. For this we
visually compared known sites to hard-copy geologic maps. Since
[[Page 15974]]
the maps were not of sufficient resolution to further evaluate the
purplish red clay soil found in small outcroppings within the Chinle
Formation, aerial photography at times was employed to further our
understanding of these areas. We verified that Astragalus
ampullarioides is associated with the Petrified Forest member of the
Chinle Formation and A. holmgreniorum is associated with the Virgin
Limestone member, upper red member of the Moenkopi Formation, Chinle
Shale, and Shinarump conglomerate member of the Chinle Formation
(Harper and Van Buren 1997) and may also be affliated with the middle
red member of the Moenkopi Formation (Lee Hughes, BLM AZ, pers. comm.
2006).
For both A. holmgreniorum and A. ampullarioides, we looked at soil
survey layers. No two sites of A. ampullarioides contained the same
type of United States Geological Survey (USGS) soil description. From
this, we determined that the clay outcroppings associated with the
Petrified Forest Member of the Chinle Formation on which A.
ampullarioides is found may not be of size significant to be labeled
under the USGS soil series. In Utah, A. holmgreniorum individuals are
associated with Badland and Badland, very steep (84 percent); Hobog-
Rock land association (9 percent); and Isom cobbly sand loam, 3-30
percent slope (5 percent). Although we lacked the same degree of
information in Arizona, we found that documented sites appeared to be
related to Ruesh very gravelly fine sandy loam, 3-20 percent slopes;
Gypill-Hobog complex, 6-35 percent slopes; Gypill very cobbly sandy
loam, 15-40 percent slopes; and Hobog-Grapevine complex, 2-35 percent
slopes (as defined in USDA et al. 2000).
(2) When appropriate, we used geographic features (e.g., ridge
lines, valleys, streams, elevation) or manmade features (e.g., roads)
that created an obvious boundary to delineate a unit area boundary. In
some cases, we were unable to provide obvious boundaries, so unit
boundaries were drawn to encompass PCEs on the basis of the best
available information.
(3) We then drew critical habitat boundaries that captured the
locations, soils, and slopes elucidated under (1) above while
considering the boundaries identified in (2) above. Critical habitat
designations were then described and mapped using Universal Transverse
Mercator (UTM) North American Datum 83 (NAD 83) coordinates.
(4) Finally, when the resulting units were smaller than 124 acres,
we increased the unit size to 124 acres by using the average travel
distance for the pollinators of Astragalus holmgreniorum and A.
ampullarioides. We believe that this increase in unit size is essential
to ensure sufficient pollinator populations for the reproduction of A.
holmgreniorum and A. ampullarioides. Specifically, where necessary,
units or subunits were enlarged to 124 acres by including habitat
within a 400 m (1,312 ft) radius of the known plant locations within
the unit. This step applied to A. holmgreniorum subunits 2b and 3 and
A. ampullarioides units 1, 2, 3, and subunit 4 a. Unit 3 for A.
ampullarioides is bordered by development on its western edge;
therefore, we did not incorporate 400 m (1,312 ft) on the western edge
of Unit 3.
The proposed critical habitat designation includes representatives
of all known populations of Astragalus holmgreniorum and A.
ampullarioides, and habitats that possess the physical and biological
features essential to the conservation of the species and require
special management considerations or protection. Application of these
criteria: (1) Protects habitat that contain the PCEs in areas where A.
holmgreniorum and A. ampullarioides are known to occur; (2) maintains
the current ecological distribution to preserve genetic variation
within the range of A. holmgreniorum and A. ampullarioides to minimize
the effects of local extinction; (3) minimizes fragmentation by
establishing contiguous occurrences and maintaining existing
connectivity; (4) includes sufficient pollinator habitat; and (5)
protects the seed bank to ensure long term persistence of the species.
Much of the survey and field data on which this proposed
designation is based represents observed individuals during one point
in time. Due to annual population fluctuations associated with varying
local environmental factors (e.g., precipitation, seed germination), it
is likely that individual plants and occurrences exist but were not
identified in recent surveys (Van Buren and Harper 2003b; 66 FR 49560,
September 28, 2001). Identification of these areas as critical habitat
ensures maintenance of connectivity between currently known occupied
habitats over the long term. Gene flow is also maintained by securing
sufficient area for pollinator habitats and travel corridors.
These habitats also ensure protection of seed banks, seed
dispersal, and pollinator services that are essential for long-term
persistence of Astragalus holmgreniorum and A. ampullarioides (Dr. R.
Van Buren, pers. comm. 2005; Dr. V. Tepedino, pers. comm. 2005). These
seeds represent genetic information of past parents and the retention
of these seeds affects fitness and demography and reduces the expected
inbreeding coefficient (McCue and Holtsford 1998). Seed banks also
ensure population persistence in periods of drought or other stressful
environmental conditions (Dr. R. Van Buren, pers. comm. 2005). The
surrounding plant community provides the floral resources and habitat
necessary to maintain pollinators and potential seed dispersers (e.g.,
birds, small mammals). Land within this unit supports the PCEs for the
species that are necessary for the growth, reproduction, and
establishment of A. holmgrenorium and A. ampullarioides.
When determining proposed critical habitat boundaries, we made an
effort to avoid proposing the designation of developed areas such as
buildings, paved areas, boat ramps and other structures that lack PCEs
for Astragalus holmgreniorum and A. ampullarioides. Manmade features
within the boundaries of the mapped unit, such as buildings, roads,
parking lots, and other paved areas, do not contain any of the primary
constituent elements for A. holmgreniorum or A. ampullarioides.
However, the scale of maps prepared under the parameters for
publication within the Code of Federal Regulations may not reflect the
exclusion of such developed areas. Any such structures and the land
under them inadvertently left inside critical habitat boundaries shown
on the maps of this proposed rule have been excluded by text and are
not designated as critical habitat. Therefore, Federal actions limited
to these areas would not trigger section 7 consultations, unless they
affect the species and/or primary constituent elements in adjacent
critical habitat.
We anticipate that the boundaries of the mapped units may be
refined based on additional information received during the public
comment period. Areas that support newly discovered populations in the
future, but are outside of the critical habitat designation, will
continue to be subject to the applicable prohibitions of section 9 of
the ESA, and regulatory protections afforded by the section 7(a)(2)
jeopardy standard.
Special Management Considerations or Protections
When designating critical habitat, we assess whether the areas
determined to be occupied at the time of listing and contain the
primary constituent elements may require special management
considerations or protections. Threats to the PCEs for
[[Page 15975]]
Astragalus holmgreniorum and A. ampullarioides include the direct and
indirect effects of: Habitat loss and degradation from urban
development; invasive plant species; recreational activities; cattle
grazing; and fire management (66 FR 49560; September 28, 2001).
Loss and degradation of habitat from development was cited in the
final listing rule as a primary cause for the decline of Astragalus
holmgreniorum and A. ampullarioides. Most of the populations of these
species occur within Washington County, UT. This county has had and
continues to have increasing human population, land speculation, and
development pressures. Some of the units being proposed are adjacent to
major roads and urban development. Urban development can remove the
plant community components and associated soils, soil formations, and
hydrology as identified in the PCEs. This development can eliminate or
fragment the populations of A. holmgreniorum and A. ampullarioides.
Special management to protect the features essential to the
conservation of these species from the effects of urban development
includes creating managed plant preserves and open spaces, limiting
disturbances to and within suitable habitats, and evaluating the need
for and conducting restoration or revegetation of native plants in open
spaces or plant preserves.
Proposed Federal land sales or trades need to be evaluated in terms
of benefit or habitat loss to both plant species. The Record of
Decision and Resource Management Plan for the St. George Field Office
of BLM (1999) states ``Generally, public lands supporting federally-
listed or sensitive plant species will be retained in public ownership
unless exchange or transfer will result in acquisition of better
habitat for the same species or provide for suitable management by
another qualified agency or organization.'' One proposed land sale
contains approximately 588 ha (1,453 ac) of land managed by BLM UT and
lies directly south of Santa Clara (Bob Douglas, BLM UT, pers. comm.
2004). This proposed sale includes part of the second population as
identified in the listing rule for Astragalus holmgreniorum (66 FR
49560). If this land sale occurs, BLM UT has indicated that land with
equal or better habitat would be acquired. One area being considered
for acquisition by BLM UT is located west of I-15 and is included in
the primary population as described in the listing rule (66 FR 49560).
An evaluation must consider that the traded or sold lands will likely
be developed, resulting in a net loss of these plant species. Special
management includes long-term conservation of the plants on lands that
BLM currently holds or may hold in the future, with an emphasis on
improving habitats and potentially increasing plant population numbers
in these areas. Special management to protect the features essential to
the conservation of these species include conservation measures and
actions to minimize effects of grazing and recreation use and to
control invasive plant species on these lands.
Some areas require special management due to the threats posed by
invasive exotic plants. Invasive plant species may alter the vegetation
composition or physical structure identified in the PCEs to an extent
that the area does not support Astragalus holmgreniorum and A.
ampullarioides or its associated vegetation. Invasive species, such as
nonnative, wind-pollinated grasses, may compete for space and resources
and diminish the native flora upon which pollinators forage. Special
management to protect the features essential to the conservation of
these species may include limiting disturbances to and within suitable
habitats by taking measures to ensure that vehicles and/or pedestrians
staying on designated routes. In some cases, disturbed areas may need
to be evaluated for re-vegetation and restoration with native plant
species.
Recreational activities such as hiking and off-highway vehicle use
may impact the vegetation composition and soil structure to an extent
that the area will no longer have intact soil surfaces and natural
vegetative covering. Natural drainage and erosion patterns may be also
be negatively altered. Special management that may be necessary to
protect the features essential to the conservation of Astragalus
holmgrenorium and A. ampullarioides from this threat includes
deflection of recreational use away from and outside of habitat,
fencing small populations, removing or limiting access routes, ensuring
land use practices do not disturb the hydrologic regime, and avoiding
activities that might concentrate water flows or sediments into plant-
occupied habitat.
Some aspects of livestock grazing may preclude the full and natural
development of Astragalus holmgreniorum and A. ampullarioides. Direct
grazing is not a known threat for A. holmgreniorum, but is a primary
threat for A. ampullarioides (66 FR 49560; September 28, 2001). Direct
grazing may reduce the production and dispersal of seeds, alter the
associated vegetation needed for pollinator activity, or reduce the
number and vigor of plants present by loss of inflorescences (flowering
stalks) or leaves. Livestock grazing can lead to the trampling of
individuals, which potentially has many of the same results. Livestock
trampling can also result in soil disturbance, such as compaction or
erosion. This impact can cause alterations of natural drainage and
erosion patterns. Special management may be necessary to protect
features essential to the conservation of A. holmgrenorium and A.
ampullarioides from this threat, including fencing populations;
avoiding activities, such as water trough placement, that might
concentrate livestock near or in occupied habitat; and removing
livestock from occupied lands during plant growing seasons, especially
during periods of flowering and fruiting.
In a healthy system, both Astragalus holmgreniorurm and A.
ampullarioides are found in sparsely vegetated habitat that is not
prone to fire. Neither species is believed to be fire-adapted. However,
invasive grasses such as Bromus rubens (red brome) and Bromus tectorum
(cheatgrass) are now invading these areas, creating dense, continuous
fuels, and a potential threat to these endangered plant species. This
phenomenon has resulted in fires within the habitats for these species,
which has created the need to respond to wildfires. Major activities
involved with fire and fire management are: Wildfire suppression,
wildland fire use, prescribed burning, non-fire fuels treatments
(mechanical and chemical), and emergency stabilization and
rehabilitation following wildfires. Fire suppression methods may
involve fireline construction, off-road travel, and use of fire
suppression agents and retardants. Threats related to fire and fire-
related activities include crushing and trampling of plants, damage to
seedbank due to fire severity, fire suppression or treatment
activities, soil erosion, and an increase of invasive plant species
that may compete with native plant species. Special management that may
be necessary to protect the features essential to the conservation of
Astragalus holmgrenorium and A. ampullarioides from these threats
include: development of adequate fire management buffers for these
plant species and their habitat; control of invasive nonnative plant
species; education of fire management staff on the location of the
plants; and if post-fire restoration is planned, a careful evaluation
to ensure that the native plant community is maintained.
[[Page 15976]]
No current management plans exist for Astragalus holmgreniorum or
A. ampullarioides. Utah's SITLA, The Nature Conservancy, the Service,
BLM UT, and UT Department of Transportation signed a Letter of Intent
to identify, create, and maintain plant preserves for A. holmgreniorum
on some portion of the occupied lands currently held by SITLA (2005).
As the result of a formal section 7 consultation for the Southern
Corridor Highway Project located in Washington County, UT, one site on
SITLA lands, containing approximately 7 ha (17 ac), is in the process
of being purchased as a plant preserve for A. holmgreniorum. To date,
no other plant preserves have been established.
The BLM and National Park Service (NPS) are coordinating with us in
development and implementation of a Recovery Plan for A. holmgreniorum
and A. ampullarioides. BLM has drafted a Santa Clara River Reserve
Recreation and Open Space Management Plan (ROMP) that includes a
portion of proposed critical habitat for A. holmgreniorum. The intent
of the ROMP is to reduce habitat impacts associated with currently
unregulated recreational use. Specific plans relative to known plant
locations are not identified in this document, so we do not consider
the ROMP to currently provide adequate special management for plants at
this location. Additionally, the Zion NP Fire Management Plan (2005)
and Utah Statewide Land Use Plan Amendment for the Proposed Fire and
Fuels Management and Five Fire Management Plans (2005) considered some
special management for A. holmgreniorum on BLM UT managed lands and for
A. ampullarioides on Zion NP lands and BLM UT managed lands. However,
these plans do not address other necessary special management
independent of fire (e.g., recreational use).
Should areas proposed within critical habitat units have a
finalized plan that provides for the conservation of Astragalus
holmgreniorum or A. ampullarioides prior to our final determination, we
will consider whether it provides special management and we may exclude
these areas if we determine that no additional special management is
required.
Proposed Critical Habitat Designation for Astragalus holmgreniorum
Critical habitat for Astragalus holmgreniorum is being proposed for
known occupied sites and associated habitat. The maintenance of
existing populations and their associated landscape is important to:
Ensure population fitness and genetic variation; sufficient habitat for
pollinators; an adequate seed bank; and geological extent (Karron 1989;
Barrett and Kohn 1991; Ellstrand and Elam 1993; Heshel and Paige 1995;
McCue and Holtsford 1998; Steffan-Dewenter and Tscharntke 1999;
Steffan-Dewenter 2003; Greenleaf 2005; Tepedino 2005). We also believe
that the proposed designation is of sufficient size to maintain
landscape-scale processes and minimize the secondary impacts resulting
from land use activities in adjacent areas. We have not included one
site that contains A. holmgreniorum plants due in part to its small
size and isolation; however, we are seeking public comment on this site
to ensure the accuracy of our assessment (see ``Occupied Area Not
Included in Proposal'' below).
We mapped the units with a degree of precision commensurate with
the available information and the size of the unit. We anticipate that
the boundaries of the mapped units may be refined based on additional
information received during the public comment period.
The final listing rule (66 FR 49560; September 28, 2001) identified
three known populations of Astragalus holmgreniorum. Our proposed
critical habitat designation corresponds with the distribution of these
populations. Proposed critical habitat Unit 1 represents the primary
population, comprising three subunits located just north and south of
the Utah-Arizona State border. Proposed critical habitat Unit 2
includes the second population, consisting of two subunits located
south of the city of Santa Clara, UT. Proposed critical habitat Unit 3
represents the third population, consisting of a single unit located in
UT. Table 1 identifies acreage of the proposed critical habitat units
and subunits by land management authority.
Table 1.--Proposed Critical Habitat Units and Subunits for Astragalus Holmgreniorum
[Area estimates reflect all land within program critical habitat unit boundaries]
--------------------------------------------------------------------------------------------------------------------------------------------------------
BLM AZ BLM UT
Unit or Subunit Federal Federal AZ State Lands UT State Lands Private Lands Totals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Occupied Acres (Hectares)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 1--Utah-Arizona Border:
1a--State Line...................................... 362 (146) 1,766 (716) 935 (378) 754 (305) 210 (85) 4,027 (1,630)
1b--Gardner Well.................................... .............. .............. 564 (288) .............. .............. 564 (288)
1c--Central Valley.................................. .............. .............. .............. 1,148 (466) .............. 1,148 (466)
Unit 2--Santa Clara: .............. .............. .............. .............. .............. ..............
2a--Stucki Spring................................... .............. 412 (168) .............. .............. .............. 412 (168)
2b--South Hills..................................... .............. 142 (57) .............. .............. 5 (2) 147 (59)
Unit 3--Purgatory Flat.................................. .............. 120 (49) .............. .............. 57 (23) 177 (72)
-----------------------------------------------------------------------------------------------
Totals.............................................. 362 (146) 2,440 (988) 1,499 (607) 1,902 (770) 272 (110) 6,475 (2,620)
--------------------------------------------------------------------------------------------------------------------------------------------------------
We present brief descriptions and rationale for the proposed
critical habitat units of A. holmgreniorum, as follows.
Unit 1: Utah-Arizona Border
This unit consists of approximately 2,324 ha (5,739 ac) divided
into 3 subunits: State Line, Gardner Well, and Central Valley. This
unit contains PCEs and is important to the conservation of Astragalus
holmgreniorum because it is one of only three populations of the plant
and is the largest population of the species.
Subunit 1a: State Line
This subunit, known to be occupied at the time of listing, consists
of 1,630 ha (4,027 ac), with 9 percent managed by BLM AZ, 44 percent
managed by BLM UT, 23 percent managed by ASLD, 19 percent managed by
SITLA, and 5 percent private land or land ownership
[[Page 15977]]
unknown. Subunit 1a is located east and west of I-15 as this highway
crosses the State line of AZ and UT and is bounded by the Atkinville
Wash and Virgin River to the north. Documents pertaining to occupancy,
soil type, and land formations were evaluated to determine unit
boundaries. Administrative lines were used for north-south boundaries
on the west and east sides of the unit, while soil type, land features,
and straight connecting lines were used for northern and southern
boundaries of the unit.
Recent surveys on lands managed by SITLA (Van Buren 2004) and BLM
UT (Dr. R. Van Buren, pers. comm. 2005), west and east of I-15
confirmed occupancy of Astragalus holmgreniorum individuals, and BLM AZ
(L. Hughes, BLM AZ, pers comm. 2005) verified A. holmgreniorum in
several locations on BLM and ASLD lands. Suitable habitat conditions
supporting the identified PCEs occur throughout the area. Land between
sections 31, 32, and 8 contains known PCEs for A. holmgreniorum;
however, information is incomplete on intervening occupancy. We are
seeking additional information on the actual distribution of the
species in this area.
Subunit 1a has features that are essential to the conservation of
the species and it supports the highest number of individuals
documented to date (Service, unpublished, 2006) within a continuous
geographic area, fragmented only by I-15. Astragalus holmgreniorum also
occupies land found between the northbound and southbound lanes of I-
15. This intervening area within the highway right-of-way may allow
pollinator flow between sites situated west and east of the highway (B.
Douglas, BLM UT, pers. comm. 2005). As a large population, subunit 1a
retains importance as a representation of the species potential range
of genetic diversity. Species surveys documented a high number of
seedlings and absence of reproductive adults (Van Buren 2004 and 2005),
which indicates that this subunit supports a large seed bank. This
information indicates a viable seed bank, the protection of which
enhances the genetic diversity and boosts the likely persistence of
this species (Van Buren 2003). Seed bank protection is necessary for
long-term species persistence (McCue and Holtsford 1998).
Special management considerations may be required to control
invasive plant species, to control habitat degradation due to
activities that lead to erosion, and to maintain the identified
associated vegetation, as well as pollinator habitat essential to the
conservation of the species. The BLM AZ and BLM UT do not currently
have a management plan specific to Astragalus holmgreniorum; however,
the agency is working in partnership with the Service on a recovery
plan for this species. The BLM UT states that the timing of cattle
grazing has been adjusted to avoid the flowering period for the species
(B. Douglas, BLM UT, pers. comm. 2004). Additionally SITLA is signatory
to a Letter of Intent which intends to place roughly 71 ha (175 ac) of
land occupied by A. holmgreniorum into long-term conservation.
Subunit 1b--Gardner Well
Subunit 1b consists of 228 ha (564 ac), entirely managed by ASLD.
This subunit is found in AZ, south of the AZ-UT State border, (2 miles)
east of I-15. Reconnaissance maps dating to the early 1990s and
herbarium information for Astragalus holmgreniorum indicate plant
occupancy on ASLD lands. The acreage proposed within this subunit was
further refined based on known plant locations, geologic maps, and
occurrence of PCEs including soil types.
This subunit is determined to be critical habitat because it
contains features essential to the conservation of Astragalus
holmgreniorum, is occupied by the species, and represents the
southeastern-most site in AZ within the primary population, as
discussed in the final listing rule (66 FR 49560; September 28, 2001).
Yearly monitoring indicates a relatively high density of A.
holmgreniorum (Van Buren and Harper 2004a). In 2005, the Gardner Well
monitoring site contained an estimated 150 plants, all seedlings (Van
Buren, pers. comm. 2005). The abundance of seedlings indicates a
persistent seed bank which is considered important for genetic
diversity and local survivorship (McCue and Holtsford 1998; Van Buren
2003; Van Buren, pers. comm. 2005). This subunit also is historically
significant because it includes the type locality (the location of the
specimen from which the original species description was made) for the
species.
Special management may be required to minimize disturbance to the
surface structure within this subunit, to control invasive species, and
to maintain the identified vegetation types, as well as pollinator
habitat essential to the conservation of the species. Currently, no
management plan has been developed for these lands.
Subunit 1c--Central Valley
Subunit 1c consists of 466 ha (1,148 ac), entirely managed by
SITLA. This subunit is found north of the Arizona-Utah State border,
west of a geological feature called White Dome, and east of I-15. This
subunit is determined to be critical habitat because it contains
features essential to conservation of Astragalus holmgreniorum, it is
occupied by the species, and contains a large, densely occupied portion
of the primary population as described in the final listing rule (66 FR
49560; September 28, 2001). This subunit contains the second largest
continuous land base for A. holmgreniorum and the second largest number
of individuals counted to date (Van Buren 2003).
Approximately 99.8 percent of plants identified in the 2003 surveys
were seedlings (Van Buren 2003). The high number of seedlings and near
lack of reproductive adults indicates a historic seed bank (Van Buren
and Harper 2004a). Protection of known seed banks is essential for
long-term species survival. The retention of these seeds can have a
dramatic effect on demography and reduce the expected inbreeding
coefficient (McCue and Holtsford 1998). Seed banks also ensure
population persistence in differing periods of environmental conditions
(Facelli, Chesson, and Barnes 2005).
Plants within this subunit are threatened by urban development.
Special management may be required to minimize disturbance to the
surface and subsurface structure within this subunit and to maintain
the identified soil and vegetation types. No management plan currently
exists. A Letter of Intent signed by SITLA indicates a willingness to
develop a management plan for this species on a limited portion of
their property; however, SITLA plans to develop a master planned
community in the area (SITLA et al. 2005).
Unit 2: Santa Clara Unit
Unit 2 comprises 227 ha (559 ac) divided into two subunits--Stucki
Spring and Santa Clara. Unit 2 contains the PCEs, and is also important
to conserving genetic diversity of the taxon because plants in this
area contain a unique genetic marker not present in the other two
populations (Stubben 1997). Therefore, the two subunits in the Santa
Clara units are needed to conserve genetic variation held within the
gene pool for this taxon (Dr. R. Van Buren, pers. comm. 2005).
Additionally, it represents one of only three known populations of the
species.
Subunit 2a: Stucki Spring
Subunit 2a consists of 168 ha (412 ac) managed by BLM UT. This unit
is found west of Box Canyon, in an area before Box Canyon Wash narrows;
and near Stucki Spring. Astragalus
[[Page 15978]]
holmgreniorum was known to occupy this subunit at the time of listing
(66 FR 49560; September 28, 2001). In 2005 individuals were confirmed
in a roadside visit (Dr. R. Van Buren, pers. comm. 2005).
This subunit is determined to be critical habitat because it
contains features essential to conservation of Astragalus
holmgreniorum, is occupied by the species, supports genetic diversity,
and provides connectivity between Subunits 1a (State Line) and 1c
(Central Valley) to the south and Subunit 2b (South Hills) to the
north. The land within this unit supports the PCEs for the species that
are necessary for the growth, reproduction, and establishment of A.
holmgreniorum.
Special management may be required in this subunit to minimize
habitat fragmentation, to minimize disturbance to the surface and
subsurface structure due to recreation or other activities, and to
maintain the identified soil and vegetation types. Plants within this
subunit are currently threatened by unmanaged off-road vehicle (ORV)
use. Additionally, the BLM is considering selling adjacent areas for
urban development; we anticipate that the proximity of the development
would result in indirect effect to Astragalus holmgreniorum. The BLM UT
does not currently have a management plan specific to A. holmgreniorum,
but is working in conjunction with us to develop a recovery plan for
this species. The intent of the BLM Santa Clara River Reserve
Recreation and Open Space Management Plan is to develop user-specific
trails and areas of activities to reduce unregulated and potentially
damaging uses on biological resources, including plants. However,
specific details regarding facility locations, impacts, and
conservation measures have not been identified.
Subunit 2b: South Hills
Subunit 2b consists of approximately 59 ha (147 ac), with 97
percent managed by BLM UT and 3 percent private lands (or land
ownership unknown). This subunit was known to be occupied at the time
of listing (66 FR 49560; September 28, 2001). A survey of the area in
2005 indicated a healthy number of plants in this subunit (Dr. R. Van
Buren, pers. comm. 2005).
This subunit is determined to be critical habitat because it
contains features essential to conservation of Astragalus
holmgreniorum, is occupied by the species, it supports genetic
diversity, and represents the northcentral-most occupied site of A.
holmgreniorum. The land within this subunit supports the PCEs for the
species that are necessary for the growth, reproduction, and
establishment of the A. holmgreniorum.
Special management may be required to minimize urban encroachment,
maintain land in Federal ownership, reduce disturbance to the surface
and subsurface structure, control invasive species, and maintain the
identified vegetation types as well as pollinator habitat essential to
the conservation of the species. Plants within this subunit are
threatened by urban development, land trades, and recreation. Public
land sales are authorized for eligible parcels under the Federal Land
Transaction Facilitation Act of 2000 (J. Crisp, Field Office
Supervisor, BLM UT, pers. comm. 2004). BLM is working with the city of
Santa Clara and the local community to sell approximately 1,400 ac (567
ha) in the Santa Clara area. This proposed sale is believed to contain
all A. holmgreniorum individuals in this subunit. The intent of the
local community would be to develop the land for residential housing.
Unit 3: Purgatory Flat
Unit 3 consists of approximately 177 ac (72 ha) of land; 68 percent
is managed by BLM UT, while 32 percent is under private ownership (or
ownership is unknown). The final listing rule (66 FR 49561) indicated
that there were 30 to 300 plants at this location. More recent site
visits confirm the presence of plant individuals (H. Barnes, pers.
comm. 2005 and Dr. R. Van Buren, pers. comm. 2005); however, a census
was not conducted.
Purgatory Flat is determined to be critical habitat because it
contains features essential to conservation of Astragalus
holmgreniorum, is occupied by the species, and represents the
northeastern-most occupied site and third known population. This unit
is at the furthest distance from all other proposed critical habitat
units. Distant populations are often the most active regions of
speciation and may be important for protecting genetic diversity
(Lesica and Allendorf 1995). The land within this unit supports the
PCEs for the species that are necessary for the growth, reproduction,
and establishment of the A. holmgreniorum.
Special management may be required to minimize disturbance to the
surface structure within this subunit, control invasive species, and
maintain the identified vegetation types as well as pollinator habitat
essential to the conservation of the species.
Occupied Area Not Included in Proposal
Astragalus holmgreniorum is known to occur in the following area.
We are not proposing this area for critical habitat designation,
primarily because the best available information indicates that only a
small number of plants occur on the site, which is small and distant
from other populations. Thus, we could not determine that it is needed
for the conservation of the species. However, we are requesting
comments or additional information if it is available. In UT, near the
border of Section 23 and 24 (T43S, R16W), several A. holmgreniorum
seedlings were found in spring 2004. These individuals are separated by
the Atkinville Wash (a natural watershed) from Unit 1a, and intervening
land between this site and Unit 1a does not contain known PCEs. This
site is separated by I-15 from Unit 1c. We lack information to
determine that this site is important to the conservation of this
species.
Proposed Critical Habitat Designation for Astragalus ampullarioides
In our delineation of the proposed critical habitat units, we
selected areas to provide for the conservation of the five populations
where Astragalus ampullarioides is currently known to occur. All sites
are necessary because, as described earlier, A. ampullarioides has a
limited geographical distribution, exhibits life history attributes
(including dormancy during stress, soil endemism and geological
restriction) that make it prone to threats. Dormancy potentially leads
to the mistaken error that a population is extirpated (Epling and Lewis
1952), while soil endemism and geological restriction limit the area
available to support its growth cycle. Like A. holmgreniorum, the
maintenance of existing populations and their associated landscape is
important for conservation of seed banks, pollinators, geologic extent
and maintaining population fitness and genetic variation (Steffan-
Dewenter and Tscharntke 1999; Steffan-Dewenter 2003; Lande 2002;
Greenleaf 2005; Tepedino 2005).
All plant populations experience fluctuations in size; however,
small, geographically restricted populations, like those exhibited by
Astragalus ampullarioides, are more likely to fluctuate to zero than
large populations (Lienert 2004). Population fitness is often related
to population size. Lienert (2004) conducted a literature review and
concluded that smaller numbers of plant individuals are more likely to
succumb to natural catastrophes or environmental
[[Page 15979]]
stochasticity, demographic stochasticity, and genetic drift. For these
reasons, conservation of all known populations of A. ampullarioides is
necessary to increase the species' overall survival and recovery.
We developed the proposed designation for Astragalus ampullarioides
to be sufficient size to maintain landscape-scale processes and to
minimize the secondary impacts resulting from land use activities in
adjacent areas. The probability of long-term survival and recovery
depends upon the protection of existing population sites and providing
connectivity within and between occupied sites and suitable sites for
occupancy. Habitats included within these units and subunits act to
maintain and facilitate pollinator activity, seed dispersal mechanisms,
and intact ecosystems. We mapped the units with a degree of precision
commensurate with the available information, the size of the unit, and
the time allotted to complete this proposal. We anticipate that the
boundaries of the mapped units may be refined based on additional
information received during the public comment period.
The final listing rule (66 FR 49560; September 28, 2001) identified
five known populations of Astragalus ampullarioides. We are similarly
proposing five units as critical habitat for the A. ampullarioides.
Unit 4 in the area of Harrisburg Junction has two subunits; all other
populations are represented by one unit each. The critical habitat
areas described below constitute our best assessment at this time of
areas determined to be occupied at the time of listing, to contain the
PCEs, and that may require special management. Table 2 identifies
acreage of the proposed critical habitat units and subunits by land
management agency.
Table 2.--Proposed Critical Habitat Units and Subunits for Astragalus ampullarioides
[Area estimates reflect all land within proposed critical habitat unit boundaries]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tribal lands--
Shivwits band
Unit or subunit name BLM-UT Federal NPS Federal of Pauite Tribe UT State Lands Private lands Totals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Occupied Acres (Hectares)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 1--Pahcoon Spring Wash....................... 134 (54) ............... ............... ............... ............... 134 (54)
Unit 2--Shivwits.................................. ............... ............... 240 (97) ............... ............... 240 (97)
Unit 3--Coral Canyon.............................. 10 (4) ............... ............... 76 (31) 1 (.4) 87 (35)
Unit 4--Harrisburg Junction:
4a--Harrisburg Bench & Cottonwood............... 260 (105) ............... ............... ............... 37 (15) 297 (120)
4b--Silver Reef................................. 415 (168) ............... ............... ............... 47 (19) 462 (187)
Unit 5--Zion...................................... ............... 1,201 (486) ............... ............... ............... 1,201 (486)
-----------------------------------------------------------------------------------------------------
Totals........................................ 819 (331) 1,201 (486) 240 (97) 76 (31) 85 (34) 2,421 (980)
--------------------------------------------------------------------------------------------------------------------------------------------------------
We present brief descriptions and rationale for the proposed
critical habitat units for Astragalus ampullarioides below.
Unit 1--Pahcoon Spring Wash
This unit includes 54 ha (134 ac), all on BLM UT lands adjacent to
the Shivwits Indian Reservation. Astragalus ampullarioides was known to
occupy this area at the time of listing. This population occurs in a
small area where the density of A. ampullarioides is high (Van Buren
and Harper 2004b). In 2005, this population was estimated to contain
approximately 300 to 350 individuals (Van Buren, pers. comm. 2005).
Unit 1 is determined to be critical habitat because it contains
features essential to conservation of A. holmgreniorum, is occupied by
the species, and represents the northwestern-most occurrence of A.
ampullarioides. Resources within this unit support the identified PCEs
associated with outcroppings of the Chinle Formation.
Special management may be required to minimize disturbance to the
surface and subsurface structure within this unit, to control invasive
species, and to maintain the identified vegetation types as well as
pollinator habitat essential to the conservation of the species. Cattle
grazing activities are present within this unit. As previously
discussed, the Chinle soils are soft and easily susceptible to erosion.
A cost-share agreement between BLM UT and The Nature Conservancy (TNC)
provides funding for signs and protective fencing; contracting for the
fence is in process. As a part of the agreement, BLM UT and TNC will
compare past plant survey data with population surveys to be completed
in 2007 and 2009, to evaluate the effectiveness of the fence in
eliminating habitat degradation.
Unit 2--Shivwits
At the time of the final listing rule (66 FR 49560; September 28,
2001), this population consisted of approximately 50 individuals. A
recent count of individuals has not been conducted. A visit to the site
after plants became dormant in 2005 indicated the presence of PCEs and
evidence of several dormant plants (Heather Barnes, Service, pers. obs.
2005). All 97 ha (240 ac) occur on lands managed by the Shivwits Band
of the Paiute Tribe. This unit is included because it contains PCEs, is
the type locality for the species, and is the site which provides the
common name for this taxon. It has the lowest amount of human use of
all the Astragalus ampullarioides sites, contains features essential to
conservation of A. ampullarioides, is occupied by the species, and is
one of five known populations.
Plants within this subunit are not known to be threatened by urban
development or recreation. However, special management may be required
to control domestic animals and invasive plant species, minimize
disturbance to the surface and subsurface structure, and maintain the
identified soil and vegetation types. The Shivwits Band of the Paiute
Tribe has provided protective fencing for the dominant area of
Astragalus ampullarioides occupancy that is adjacent to a utility
corridor. The fencing provides protection from maintenance activities
in this utility corridor and from activities associated with
intermittent cattle grazing (G. Rogers, Shivwits Band of Paiutes, Band
Chairman, pers. comm. 2005). However, the existing management (i.e.,
protective fencing) does not address the threat to
[[Page 15980]]
this population from nonnative plants. Additionally, some individuals
may exist in an area outside of this protective fence. A dirt road
traverses a portion of this A. ampullarioides unit.
Unit 3--Coral Canyon
This unit, known to be occupied at the time of listing, is located
adjacent to a golf course near Harrisburg Junction and is estimated to
contain 100 individuals based on visitation in 2005 (Dr. R. Van Buren,
pers. comm. 2005). Land ownership for all 87 acres (35 ha) is: 87
percent SITLA, 12 percent BLM UT lands, and 1 percent private lands. We
have included occupied habitats and adjacent areas of suitable soils
and vegetation to allow for maintenance of the seed bank, seed
dispersal, and pollinator services.
This unit is determined to be critical habitat because it contains
features essential to conservation of the taxon, is occupied by the
taxon, is centrally located and may provide connectivity between
populations, and contains a persistent occupied site of Astragalus
ampullarioides.
Plants within this subunit face threats from urban development.
Special management may be required to minimize disturbance to the
surface and subsurface structure within this subunit, maintain the
identified soil and vegetation types, and control invasive weeds.
Unit 4--Harrisburg Junction
In 2001, the final listing rule (66 FR 49560; September 28, 2001)
referred to a population near Harrisburg Junction that contained four
separate sites. Unit 4 is comprised of two subunits encompassing 307 ha
(759 ac) that are spatially separated based on geography (Harrisburg
Bench/Cottonwood and Silver Reef). Each of these subunits contains two
of the plant occurrence sites that were known to be occupied at the
time of the final listing rule (66 FR 49560; September 28, 2001). In
1999, the four sites contained approximately 300 plants (L. England,
pers. comm. 1999; Utah Natural Heritage Program 1999; Van Buren, pers.
comm. 2000).
In the area of Harrisburg Junction, milk-vetch populations or
subpopulations are restricted to outcroppings of the Chinle soil. Each
area may be relatively self-sustaining; however, the long-term
persistence and stability of these areas arise from balancing site
extinctions with the colonization of suitable unoccupied outcroppings
through dispersal events (Hanski 1985; Olivieri et al. 1990; Hastings
and Harrison 1994).
Subunit 4a--Harrisburg Bench and Cottonwood
The 120 ha (297 ac) in this subunit are 88 percent BLM lands and 12
percent private lands. Approximately 100 individual plants were located
during 2005 surveys in this subunit (Dr. R. Van Buren, pers. comm.
2005). This subunit contains PCEs necessary to support Astragalus
ampullarioides and its growth, reproduction, and establishment.
Additionally, land found between the northbound and southbound lanes of
Highway I-15 contains an occupied site. This intervening area within
the highway right-of-way may allow pollinator flow between occupied
sites (B. Douglas, BLM, pers. comm 2005). Habitat areas between known
occupied sites are included in the proposed critical habitat
designation to support pollinators and seed dispersal between sites.
Pollinator habitat and seed dispersal are considered important for the
species' long-term survival (Steffan-Dewenter and Tscharntke 1999;
Steffan-Dewenter 2003; Greenleaf 2005; Van Buren and Harper 2003a).
This subunit is determined to be critical habitat because it
contains features essential to conservation of Astragalus
ampullarioides, is occupied by the species, and contains a persistent
occupied site for A. ampullarioides that is centrally located and may
provide connectivity between other units.
At the Harrisburg site, B. tectorum is a closely associated species
(Van Buren 2005). The eastern part of this unit (east of I-15) burned
during a wildfire in 2005; however, no suppression occurred in areas of
occupied habitat. The status of seeds within the seed bank is unknown.
Also, unknown, but likely, is that most of the aboveground stems and
foliage died back at the time of the fire (Van Buren 2005).
Plants within this subunit may be threatened by urban development,
recreation, and invasive plant species. Special management may be
required to control invasive plant species, minimize disturbance to the
surface and subsurface structure, and to maintain the identified soil
and vegetation types. The BLM UT and TNC have entered into a cost-share
agreement to provide signs and protective fencing to minimize human use
at one area of occupancy within this subunit.
Subunit 4b: Silver Reef
The 462 ac (187 ha) in this subunit is composed of 90% BLM lands
and 10% private lands. Astragalus ampullarioides individuals are found
along intermittent outcroppings of the Chinle Formation. Approximately
150 individuals were identified in a partial survey in 2005 (Dr. R. Van
Buren, pers. comm. 2005). This subunit is determined to be critical
habitat because it contains features essential to conservation of A.
ampullarioides, is occupied by the species, contains a thriving
population, and maintains a prevalence of soil substrate necessary for
future expansion to maintain metapopulation dynamics.
Special management may be required to minimize recreational use and
disturbance to the surface and subsurface structure within this
subunit, control invasive plant species and domestic animals, and
maintain the identified vegetation types as well as pollinator habitat
essential to the conservation of the species. Quantitative information
on impacts from cattle grazing and/or recreational use is unknown. One
occupied area within this subunit is under a cost-share agreement for
protective fencing, which is to begin in the near future. Post-
monitoring will evaluate the effectiveness of the fences in eliminating
habitat degradation from cattle and recreational use. Additional areas
in this subunit remain unfenced, and special management may still be
necessary in these areas to reduce impacts to habitat.
Unit 5--Zion
The 1,201 ac (486 ha) of Unit 5 occur entirely on lands managed by
Zion NP. Population numbers were approximately 300 to 500 individuals
in 2000 (66 FR 49560). More recent surveys document almost 1,300
individuals in the unit (J. Alexander, pers. comm. 2004; Zion NP,
unpublished data, 2005).
This unit is determined to be critical habitat because it contains
features essential to conservation of A. holmgreniorum, is occupied by
the species, is one of five known populations, represents the
northeastern-most range of the species, and contains the largest known
population of A. ampullarioides. The land within this unit supports the
PCEs for the species that are necessary for the growth, reproduction,
and establishment of the A. ampullarioides.
Special management is necessary in this unit to minimize recreation
disturbance to the surface structure and subsurface, to control
invasive weedy species, and to maintain the identified vegetation types
and pollinator habitat essential to the conservation of the species.
Recreational use of the park and disturbance from park visitors and
horses may present potential effects to
[[Page 15981]]
the milk-vetch. An established hiking and horse trail that is used
infrequently from November through April occurs near populations of A.
ampullarioides.
Plants and habitat within this unit are also threatened by noxious
nonnative plants including Moluccella laevis (bells of Ireland), an
introduced species not found at other sites. Although this unit is in a
sparsely vegetated habitat that in the past did not carry fire, the
invasions of exotic grasses are creating more continuous fuels.
Although no management plan exists that is specific to Astragalus
ampullarioides for Zion, the current Zion National Park Fire Management
Plan includes restrictions on fire management within a \3/4\-mi. buffer
zone of the area where A. ampullarioides is found. Zion NP is also
working with us to complete a recovery plan for this species, and is
partnering with the USGS to investigate biotic soil conditions and
invasive weed interactions for A. ampullarioides.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7 of the Act requires Federal agencies, including the
Service, to ensure that actions they fund, authorize, or carry out are
not likely to destroy or adversely modify critical habitat. In our
regulations at 50 CFR 402.02, we define destruction or adverse
modification as ``a direct or indirect alteration that appreciably
diminishes the value of critical habitat for both the survival and
recovery of a listed species. Such alterations include, but are not
limited to, alterations adversely modifying any of those physical or
biological features that were the basis for determining the habitat to
be critical.'' However, recent decisions by the 5th and 9th Circuit
Court of Appeals have invalidated this definition (see Gifford Pinchot
Task Force v. U.S. Fish and Wildlife Service, 378 F.3d 1059 (9th Cir
2004) and Sierra Club v. U.S. Fish and Wildlife Service et al., 245
F.3d 434, 442F (5th Cir 2001)). Pursuant to current national policy and
the statutory provisions of the Act, destruction or adverse
modification is determined on the basis of whether, with implementation
of the proposed Federal action, the affected critical habitat would
remain functional to serve the intended conservation role for the
species.
Section 7(a) of the Act requires Federal agencies, including the
Service, 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 proposed or designated. Regulations
implementing this interagency cooperation provision of the Act are
codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with
us 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. This is a procedural requirement only.
However, once a proposed species becomes listed, or proposed critical
habitat is designated as final, the full prohibitions of section
7(a)(2) apply to any Federal action. The primary utility of the
conference procedures is to maximize the opportunity for a Federal
agency to adequately consider proposed species and critical habitat and
avoid potential delays in implementing their proposed action as a
result of the section 7(a)(2) compliance process, should those species
be listed or the critical habitat designated.
Under conference procedures, the Service may provide advisory
conservation recommendations to assist the agency in eliminating
conflicts that may be caused by the proposed action. The Service may
conduct either informal or formal conferences. Informal conferences are
typically used if the proposed action is not likely to have any adverse
effects to the proposed species or proposed critical habitat. Formal
conferences are typically used when the Federal agency or the Service
believes the proposed action is likely to cause adverse effects to
proposed species or critical habitat, inclusive of those that may cause
jeopardy or adverse modification.
The results of an informal conference are typically transmitted in
a conference report; while the results of a formal conference are
typically transmitted in a conference opinion. Conference opinions on
proposed critical habitat are typically prepared according to 50 CFR
402.14, as if the proposed critical habitat were designated. We may
adopt the conference opinion as the biological opinion when the
critical habitat is designated, if no substantial new information or
changes in the action alter the content of the opinion (see 50 CFR
402.10(d)). As noted above, any conservation recommendations in a
conference report or opinion are strictly advisory.
If a species is listed or critical habitat is designated, section
7(a)(2) of the Act 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 (action agency)
must enter into consultation with us. As a result of this consultation,
compliance with the requirements of section 7(a)(2) will be documented
through the Service's issuance of: (1) A concurrence letter for Federal
actions that may affect, but are not likely to adversely affect, listed
species or critical habitat; or (2) a biological opinion for Federal
actions that may affect, but are likely to adversely affect, listed
species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to result in jeopardy to a listed species or the destruction or
adverse modification of critical habitat, we also provide reasonable
and prudent alternatives to the project, if any are identifiable.
``Reasonable and prudent alternatives'' are defined at 50 CFR 402.02 as
alternative actions identified during consultation that can be
implemented in a manner consistent with the intended purpose of the
action, that are consistent with the scope of the Federal agency's
legal authority and jurisdiction, that are economically and
technologically feasible, and that the Director believes would avoid
jeopardy to the listed species or destruction or adverse modification
of critical habitat. Reasonable and prudent alternatives can vary from
slight project modifications to extensive redesign or relocation of the
project. Costs associated with implementing a reasonable and prudent
alternative are similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where a new
species is listed or critical habitat is subsequently designated that
may be affected and the Federal agency has retained discretionary
involvement or control over the action or such discretionary
involvement or control is authorized by law. Consequently, some Federal
agencies may request reinitiation of consultation with us on actions
for which formal consultation has been completed, if those actions may
affect subsequently listed species or designated critical habitat or
adversely modify or destroy proposed critical habitat.
Federal activities that may affect Astragalus holmgreniorum and A.
ampullarioides or their designated critical habitat will require
section 7 consultation under the Act. Activities on State, tribal,
local or private lands requiring a Federal permit (such as a permit
from the Corps under section 404 of the Clean Water Act or a permit
under section 10(a)(1)(B) of the Act from
[[Page 15982]]
the Service) or involving some other Federal action (such as funding
from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency) will also
be subject to the section 7 consultation process. Federal actions not
affecting listed species or critical habitat, and actions on State,
tribal, local or private lands that are not federally funded,
authorized, or permitted, do not require section 7 consultations.
Application of the Jeopardy and Adverse Modification Standards for
Actions Involving Effects to Astragalus holmgreniorum and A.
ampullarioides and Their Critical Habitat
Jeopardy Standard
Prior to and following designation of critical habitat, the Service
has applied an analytical framework for Astragalus holmgreniorum and A.
ampullarioides jeopardy analyses that relies heavily on the importance
of core area populations to the survival and recovery of Astragalus
holmgreniorum and A. ampullarioides. The section 7(a)(2) analysis is
focused not only on these populations but also on the habitat
conditions necessary to support them.
The jeopardy analysis usually expresses the survival and recovery
needs of Astragalus holmgreniorum and A. ampullarioides in a
qualitative fashion without making distinctions between what is
necessary for survival and what is necessary for recovery. Generally,
if a proposed Federal action is incompatible with the viability of the
affected core area population(s), inclusive of associated habitat
conditions, a jeopardy finding is considered to be warranted, because
of the relationship of each core area population to the survival and
recovery of the species as a whole.
Adverse Modification Standard
The analytical framework described in the Director's December 9,
2004, memorandum is used to complete section 7(a)(2) analyses for
Federal actions affecting Astragalus holmgreniorum and A.
ampullarioides critical habitat. The key factor related to the adverse
modification determination is whether, with implementation of the
proposed Federal action, the affected critical habitat would remain
functional to serve the intended conservation role for the species.
Generally, the conservation role of Astragalus holmgreniorum and A.
ampullarioides critical habitat units is to support viable core area
populations.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe in any proposed or final regulation that designates critical
habitat those activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation. Activities that may destroy or adversely modify critical
habitat may also jeopardize the continued existence of the species.
Activities that may destroy or adversely modify critical habitat
are those that alter the PCEs to an extent that the conservation value
of critical habitat for Astragalus holmgreniorum and A. ampullarioides
is appreciably reduced. Activities that, when carried out, funded, or
authorized by a Federal agency, may affect critical habitat and
therefore result in consultation for Astragalus holmgreniorum and A.
ampullarioides include, but are not limited to:
(1) Activities that have the potential to degrade or destroy
Astragalus holmgreniorum and A. ampullarioides habitat (and its PCEs),
including off-road vehicle use, heavy recreational use, residential or
commercial development, road development, intensive livestock grazing,
and herbicide use;
(2) Alteration of existing hydrology by redirection of sheet flow
from areas adjacent to formation skirts or hillsides (e.g., clearing
upslope from Astragalus holmgreniorum or A. ampullarioides);
(3) Compaction of the soil through the establishment of trails and
roads;
(4) Activities that foster the introduction of nonnative
vegetation, particularly noxious weeds, or create conditions that
encourage the growth of nonnatives. These activities could include, but
are not limited to supplemental feeding of livestock, ground
disturbances associated with ORV use, road construction, utility
corridors, seeding area with nonnatives, and other soil-disturbing
activities;
(5) Activities that directly or indirectly result in increased
erosion, decreased soil stability, and changes in vegetation
communities (e.g., placing recreational off-road trailheads along
critical habitat leading to congregation of recreational users in a
sensitive location); and
(6) Sale or exchange of lands by a Federal agency to an entity that
intends to develop them or implement activities that would degrade or
destroy the PCEs.
Application of Section 3(5)(A) and 4(a)(3) and Exclusions Under Section
4(b)(2) of the ESA
We are not proposing or considering any non-inclusions under
sections 3(5)(A) or 4(a)(3) of the Act. There are no military areas
associated with this proposed designation.
Section 4(b)(2) of the Act states that critical habitat shall be
designated, and revised, on the basis of the best available scientific
data after taking into consideration the economic impact, national
security impact, and any other relevant impact, of specifying any
particular area as critical habitat. The Secretary may exclude an area
from critical habitat if [s]he determines that the benefits of such
exclusion outweigh the benefits of specifying such area as part of the
critical habitat, unless [s]he determines, based on the best scientific
data available, that the failure to designate such area as critical
habitat will result in the extinction of the species. In making that
determination, the Secretary is afforded broad discretion and the
Congressional record is clear that in making a determination under the
section the Secretary has discretion as to which factors and how much
weight will be given to any factor.
Under section 4(b)(2), in considering whether to exclude a
particular area from the designation, we must identify the benefits of
including the area in the designation, identify the benefits of
excluding the area from the designation, determine whether the benefits
of exclusion outweigh the benefits of inclusion. If an exclusion is
contemplated, then we must determine whether excluding the area would
result in the extinction of the species. The Service is conducting an
economic analysis of the impacts of the proposed critical habitat
designation and related factors, which will be available for public
review and comment. Based on public comment on that document, the
proposed designation itself, and the information in the final economic
analysis, areas may be excluded from critical habitat by the Secretary
under the provisions of section 4(b)(2) of the Act. This is provided
for in the Act, and in our implementing regulations at 50 CFR 242.19.
Pursuant to section 4(b)(2) of the ESA, we must consider relevant
impacts in addition to economic ones. We determined that the lands
within the proposed designation of critical habitat for Astragalus
holmgreniorum and A. ampullarioides are not owned or managed by the
Department of Defense. There are currently no habitat conservation
plans that include Astragalus holmgreniorum and A. ampullarioides.
Utah's SITLA, TNC, the Service, BLM UT, and Utah Department of
Transportation have signed a letter of intent to identify, create, and
maintain plant preserves for A. holmgreniorum on some of the lands
currently held by
[[Page 15983]]
SITLA; however, at the time of this proposal, the preserves had not
been established.
The proposed designation includes a site found on the Shivwits Band
of the Pauite Tribal lands or trust resources that we have determined
is important to the conservation of A. ampullarioides. By engaging in
government-to-government relations with the Shivwits Band of the Pauite
Tribe, we have learned of their willingness to have their site
designated as critical habitat. We anticipate no impact to national
security, tribal lands, partnerships, or habitat conservation plans
from this proposed critical habitat designation. As such, we have
considered but not proposed to exclude any lands from this designation
based on the potential impacts to these factors.
Economic Analysis
An analysis of the economic impacts of proposing critical habitat
for Astragalus holmgreniorum and A. ampullarioides is being prepared.
We will announce the availability of the draft economic analysis as
soon as it is completed, at which time we will seek public review and
comment. At that time, copies of the draft economic analysis will be
available for downloading from the Internet at http://mountain-prairie.fws.gov/species/plants/milkvetche/index.htm, or by contacting
the Utah Fish and Wildlife Office directly (see ADDRESSES).
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), and based on our implementation
of the Office of Management and Budget's Final Information Quality
Bulletin for Peer Review, dated December 16, 2004, we will be seeking
independent reviews from five peer reviewers of the science in this
rule. At least three of the reviewers will be nominated by interests
outside of the Service with particular emphasis on recommendations
provided by local, State, or Tribal governments. The purpose of such
review is to ensure that our critical habitat designation is based on
scientifically sound data, assumptions, and analyses. We will send
these peer reviewers copies of this proposed rule immediately following
publication in the Federal Register. We will invite these peer
reviewers to comment, during the public comment period, on the specific
assumptions and conclusions regarding the proposed designation of
critical habitat.
We will consider all comments and information received during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, the final decision may differ from this
proposal.
Public Hearings
The ESA provides for one or more public hearings on this proposal,
if requested. Requests for public hearings must be made in writing at
least 15 days prior to the close of the public comment period. We will
schedule public hearings on this proposal, if any are requested, and
announce the dates, times, and places of those hearings in the Federal
Register and local newspapers at least 15 days prior to the first
hearing.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations and
notices that are easy to understand. We invite your comments on how to
make this proposed rule easier to understand, including answers to
questions such as the following: (1) Are the requirements in the
proposed rule clearly stated? (2) Does the proposed rule contain
technical jargon that interferes with the clarity? (3) Does the format
of the proposed rule (grouping and order of the sections, use of
headings, paragraphing, and so forth) aid or reduce its clarity? (4) Is
the description of the notice in SUPPLEMENTARY INFORMATION of the
preamble helpful in understanding the proposed rule? (5) What else
could we do to make this proposed rule easier to understand?
Send a copy of any comments on how we could make this proposed rule
easier to understand to Office of Regulatory Affairs, Department of the
Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You may
e-mail your comments to this address: [email protected].
Required Determinations
Regulatory Planning and Review
In accordance with Executive Order 12866, this document is a
significant rule in that it may raise novel legal and policy issues,
but it is not anticipated to have an annual effect on the economy of
$100 million or more or affect the economy in a material way. Due to
the tight timeline for publication in the Federal Register, the Office
of Management and Budget (OMB) has not formally reviewed this rule. We
are preparing a draft economic analysis of this proposed action, which
will be available for public comment, to determine the economic
consequences of designating the specific area as critical habitat. This
economic analysis also will be used to determine compliance with
Executive Order 12866, Regulatory Flexibility Act, Small Business
Regulatory Enforcement Fairness Act, and Executive Order 12630.
Within these areas, the types of Federal actions or authorized
activities that we have identified as potential concerns are listed
above in the ``Adverse Modification Standard'' section. The
availability of the draft economic analysis will be announced in the
Federal Register and in local newspapers so that it is available for
public review and comments. When it is completed, the draft economic
analysis can be obtained from the Web site at http://mountain-prairie.fws.gov/species/plants/milkvetche/index.htm or by contacting
the Utah Fish and Wildlife Office directly (see ADDRESSES).
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effects of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
the agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. The SBREFA amended
the Regulatory Flexibility Act (RFA) to require Federal agencies to
provide a statement of the factual basis for certifying that the rule
will not have a significant economic impact on a substantial number of
small entities.
At this time, the Service lacks the available economic information
necessary to provide an adequate factual basis for the required RFA
finding. Therefore, the RFA finding is deferred until completion of the
draft economic analysis prepared pursuant to section 4(b)(2) of the ESA
and E.O. 12866. This draft economic analysis will provide the required
factual basis for the RFA finding. Upon completion of the draft
economic analysis, the Service will publish a notice of availability of
the draft economic analysis of the proposed designation and reopen the
public comment period for the proposed designation for an additional 60
days. The Service will include with the notice of availability, as
appropriate, an initial regulatory flexibility analysis or a
[[Page 15984]]
certification that the rule will not have a significant economic impact
on a substantial number of small entities accompanied by the factual
basis for that determination. The Service has concluded that deferring
the RFA finding until completion of the draft economic analysis is
necessary to meet the purposes and requirements of the RFA. Deferring
the RFA finding in this manner will ensure that the Service makes a
sufficiently informed determination based on adequate economic
information and provides the necessary opportunity for public comment.
Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This proposed rule to
designate critical habitat for Astragalus holmgreniroum and A.
ampullarioides is not a significant regulatory action under Executive
Order 12866, and it is not expected to significantly affect energy
supplies, distribution, or use. Therefore, this action is not a
significant energy action and no Statement of Energy Effects is
required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C.
1501), the Service makes the following findings:
(a) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute or regulation
that would impose an enforceable duty upon State, local, tribal
governments, or the private sector and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were Medicaid; AFDC work
programs; Child Nutrition; Food Stamps; Social Services Block Grants;
Vocational Rehabilitation State Grants; Foster Care, Adoption
Assistance, and Independent Living; Family Support Welfare Services;
and Child Support Enforcement. ``Federal private sector mandate''
includes a regulation that ``would impose an enforceable duty upon the
private sector, except (i) a condition of Federal assistance or (ii) a
duty arising from participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal government entities or private parties.
Under the ESA, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply; nor would
critical habitat shift the costs of the large entitlement programs
listed above on to State governments.
(b) We do not believe that this rule will significantly or uniquely
affect small governments because the majority of lands proposed in this
rule are managed by Federal and State agencies. As such, Small
Government Agency Plan is not required. We will, however, further
evaluate this issue as we conduct our economic analysis and revise this
assessment if appropriate.
Federalism
In accordance with Executive Order 13132, the rule does not have
significant federalism effects. A federalism assessment is not
required. In keeping with DOI and Department of Commerce policy, we
requested information from, and coordinated development of, this
proposed critical habitat designation with appropriate State resource
agencies in the State of Utah and Arizona. The designation of critical
habitat in areas currently occupied by Astragalus holmgreniroum and A.
ampullarioides imposes no additional restrictions to those currently in
place and, therefore, has little incremental impact on State and local
governments and their activities. The designation may have some benefit
to these governments in that the areas that contain the features
essential to the conservation of the species are more clearly defined,
and the primary constituent elements of the habitat necessary to the
conservation of the species are specifically identified. While making
this definition and identification does not alter where and what
federally-sponsored activities may occur, it may assist these local
governments in long-range planning (rather than waiting for case-by-
case section 7 consultations to occur).
Civil Justice Reform
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order. We have proposed designating critical habitat in
accordance with the provisions of the ESA. This proposed rule uses
standard property descriptions and identifies the primary constituent
elements within the designated areas to assist the public in
understanding the habitat needs of the Astragalus holmgreniroum and A.
ampullarioides.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act. This rule
will not impose recordkeeping or reporting requirements on State or
local governments, individuals, businesses, or organizations. An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act
It is our position that, outside the Tenth Circuit, we do not need
to prepare environmental analyses as defined by NEPA in connection with
designating critical habitat under the ESA of 1973, as amended. We
published a notice outlining our reasons for this determination in the
Federal Register on October 25, 1983 (48 FR 49244). This assertion was
upheld in the courts of the Ninth Circuit (Douglas County v. Babbitt,
48 F.3d 1495 (9th Cir. Ore. 1995), cert. denied 116 S. Ct. 698 (1996).
However, when the range of the species
[[Page 15985]]
includes States within the Tenth Circuit, such as that of Astragalus
holmgreniorum and A. ampullarioides, pursuant to the Tenth Circuit
ruling in Catron County Board of Commissioners v. U.S. Fish and
Wildlife Service, 75 F.3d 1429 (10th Cir. 1996), we will undertake NEPA
analysis for critical habitat designation and notify the public of the
availability of the draft environmental assessment for this proposal
when it is finished.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and DOI's manual at
512 DM 2, we readily acknowledge our responsibility to communicate
meaningfully with recognized Federal Tribes on a government-to-
government basis. A population of Astragalus ampullarioides is found on
the tribal lands of the Shivwits Band of Paiutes. Our current
understanding is that the Shivwits Band of Paiutes is amenable to the
proposed designation of critical habitat on lands under their
management for this species (H. Barnes, Botanist, FWS and G. Rogers,
Chairman, Shivwits Band of Paiutes, pers. comm. 2005). These lands are
included in this proposal as they contain features essential for the
conservation.
References Cited
A complete list of all references cited in this rulemaking is
available upon request from the Field Supervisor, Utah Fish and
Wildlife Office (see ADDRESSES section).
Author(s)
The primary author of this package is the Utah Fish and Wildlife
Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose 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. In Sec. 17.12(h), revise the entries for ``Astragalus
ampullarioides'' and ``Astragalus holmgreniorum'' under ``FLOWERING
PLANTS'' in the List of Threatened and Endangered Plants to read as
follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
---------------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
* * * * * * *
Astragalus ampullarioides............. Shivwits milk-vetch.... U.S.A. (UT)........... Fabaceae E 711 17.96(a) NA
* * * * * * *
Astragalus holmgreniorum.............. Holmgren milk-vetch.... U.S.A. (UT, AZ)....... Fabaceae E 711 17.96(a) NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Amend Sec. 17.96(a), by adding entries for Astragalus
ampullarioides (Shivwits milk-vetch) and Astragalus holmgreniorum
(Holmgren milk-vetch) in alphabetical order under family Fabaceae to
read as follows:
Sec. 17.96 Critical habitat--plants.
(a) Flowering plants.
* * * * *
Family Fabaceae: Astragalus ampullarioides (Shivwits milk-vetch)
(1) Critical habitat units are depicted for Washington County,
Utah, on the maps below.
(2) Within these areas, the primary constituent elements of
critical habitat for Astragalus ampullarioides are:
(i) Outcroppings of soft clay soil, which is often purplish red,
within the Chinle Formation, at elevations from 920 to 1,330 meters
(3,018 to 4,367 feet);
(ii) Topographic features/relief, including alluvial fans and fan
terraces, and gently rolling to steep swales that are often markedly
dissected by water flow pathways from seasonal precipitation with
little to moderate slope (3 to 24 percent); and
(iii) The presence of insect visitors or pollinators, such as
Anthophora captognatha, A. damnersi, A. porterae, other Anthophora
species, Eucera quadricincta, Bombus morrissonis, Hoplitis grinnelli,
Osmia clarescens, O. marginata, O. titus, O. clavescens, and two types
of Dialictus species.
(3) Critical habitat does not include manmade structures existing
on the effective date of this rule and not containing one or more of
the primary constituent elements, such as buildings, aqueducts,
airports, and roads, and the land on which such structures are located.
(4) Data layers defining map units were an electronic base map of
USGS 7.5' quadrangles projected to the Universal Transverse Mercator
(UTM) coordinate system, Zone 12 NAD 83. Ancillary data used to help
refine the unit boundaries included Digital Orthophoto Quadrangles
(DOQs); National Agricultural Imagery Program (NAIP); cadastral land
survey (Township, Range, and Section); soils data; and the 1:24,000
Utah water courses data set. Critical habitat units were delineated
through heads-up digitizing in a Geographic Information System.
(5) Note: Index map (Map 1) follows.
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[[Page 15987]]
(6) Units 1 and 2--Pahcoon Spring Wash and Shivwits, Washington
County, Utah.
(i) Unit 1: Pahcoon Spring. Land bounded by the following UTM Zone
12 NAD 83 coordinates (meters E, meters N):
250963, 4122043; 250963, 4122040; 250559, 4122052; 250165, 4122063;
250165, 4122075; 250165, 4122352; 250165, 4122466; 250165, 4122731;
250176, 4122731; 250580, 4122731; 250965, 4122731; 250965, 4122442;
250965, 4122331; 250965, 4122107; 250963, 4122047; 250963, 4122043.
(ii) Unit 2: Shivwits. Land bounded by the following UTM Zone 12
NAD 83 coordinates (meters E, meters N):
253287, 4119960; 253476, 4119551; 253666, 4119143; 253666, 4119143;
253252, 4118753; 253252, 4118753; 253252, 4118753; 252838, 4118362;
252838, 4118362; 252838, 4118362; 252648, 4118771; 252459, 4119179;
252459, 4119179; 252873, 4119570; 252873, 4119570; 252873, 4119570;
253287, 4119960; 253287, 4119960.
(iii) Note: Map of Units 1 and 2 (Map 2) follows:
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[[Page 15989]]
(7) Units 3 and 4--Coral Canyon and Harrisburg Junction, Washington
County, Utah. Unit 4, Harrisburg Junction, is divided into two
subunits: Harrisburg Bench and Cottonwood, and Silver Reef.
(i) Unit 3: Coral Canyon. Land bounded by the following UTM Zone 12
NAD 83 coordinates (meters E, meters N):
283348, 4114931; 283341, 4114729; 283341, 4114729; 283335, 4114525;
283335, 4114523; 283334, 4114481; 283329, 4114332; 283328, 4114322;
283139, 4114327; 283138, 4114327; 283129, 4114327; 282929, 4114333;
282929, 4114331; 282529, 4114339; 282533, 4114481; 282539, 4114493;
282547, 4114508; 282551, 4114511; 282560, 4114522; 282589, 4114545;
282595, 4114551; 282611, 4114559; 282622, 4114567; 282630, 4114573;
282640, 4114580; 282649, 4114587; 282658, 4114593; 282665, 4114594;
282674, 4114599; 282679, 4114605; 282680, 4114612; 282680, 4114617;
282680, 4114622; 282683, 4114624; 282700, 4114627; 282712, 4114631;
282724, 4114639; 282732, 4114646; 282743, 4114651; 282754, 4114659;
282764, 4114668; 282768, 4114679; 282776, 4114689; 282786, 4114697;
282797, 4114705; 282801, 4114711; 282805, 4114717; 282805, 4114717;
282808, 4114726; 282812, 4114736; 282814, 4114750; 282822, 4114760;
282828, 4114767; 282837, 4114767; 282846, 4114767; 282856, 4114763;
282862, 4114753; 282867, 4114741; 282877, 4114737; 282895, 4114740;
282905, 4114747; 282914, 4114759; 282921, 4114771; 282931, 4114782;
282932, 4114789; 282936, 4114796; 282943, 4114800; 282943, 4114800;
282951, 4114800; 282959, 4114796; 282961, 4114796; 282967, 4114797;
282972, 4114803; 282975, 4114812; 282984, 4114820; 282992, 4114825;
282996, 4114827; 283013, 4114831; 283027, 4114839; 283030, 4114841;
283043, 4114849; 283060, 4114856; 283075, 4114862; 283082, 4114868;
283086, 4114880; 283090, 4114890; 283092, 4114901; 283097, 4114907;
283106, 4114918; 283115, 4114923; 283135, 4114927; 283154, 4114928;
283161, 4114922; 283179, 4114931; 283185, 4114936; 283186, 4114936;
283186, 4114936; 283348, 4114933; 283348, 4114931.
(ii) Unit 4a: Harrisburg Bench and Cottonwood. Land bounded by the
following UTM Zone 12 NAD 83 coordinates (meters E, meters N):
285767, 4118407; 285767, 4118468; 285767, 4118584; 285767, 4118777;
285767, 4118911; 285767, 4119177; 285833, 4119177; 286237, 4119177;
286419, 4119177; 286641, 4119177; 287098, 4119177; 287267, 4119177;
287267, 4118771; 287267, 4118377; 287074, 4118377; 286948, 4118377;
286948, 4118377; 286556, 4118377; 286150, 4118377; 285767, 4118377;
285767, 4118407.
(iii) Unit 4b: Silver Reef. Land bounded by the following UTM Zone
12 NAD 83 coordinates (meters E, meters N):
287073, 4121370; 287074, 4121376; 287074, 4121402; 287085, 4121418;
287093, 4121441; 287126, 4121474; 287152, 4121505; 287171, 4121542;
287187, 4121566; 287209, 4121591; 287226, 4121621; 287251, 4121651;
287273, 4121682; 287299, 4121713; 287324, 4121742; 287349, 4121773;
287375, 4121800; 287406, 4121836; 287448, 4121887; 287480, 4121919;
287514, 4121962; 287526, 4121985; 287552, 4122029; 287550, 4122030;
287560, 4122040; 287572, 4122052; 287587, 4122079; 287600, 4122106;
287618, 4122133; 287637, 4122165; 287643, 4122195; 287660, 4122216;
287676, 4122260; 287696, 4122297; 287711, 4122329; 287729, 4122354;
287752, 4122375; 287771, 4122405; 287782, 4122433; 287799, 4122474;
287840, 4122544; 287862, 4122588; 287886, 4122629; 287902, 4122644;
287918, 4122663; 287930, 4122682; 287942, 4122698; 287952, 4122710;
287962, 4122727; 287983, 4122757; 288026, 4122808; 288046, 4122837;
288063, 4122855; 288091, 4122887; 288115, 4122916; 288144, 4122939;
288169, 4122966; 288196, 4122989; 288225, 4123018; 288245, 4123040;
288270, 4123059; 288294, 4123079; 288311, 4123104; 288320, 4123126;
288337, 4123142; 288352, 4123154; 288369, 4123171; 288382, 4123179;
288395, 4123199; 288409, 4123223; 288428, 4123238; 288452, 4123249;
288461, 4123256; 288462, 4123255; 288480, 4123271; 288489, 4123286;
288500, 4123293; 288506, 4123303; 288521, 4123312; 288538, 4123330;
288562, 4123347; 288579, 4123361; 288589, 4123375; 288601, 4123392;
288815, 4123379; 288802, 4122943; 288787, 4122380; 288763, 4122359;
288718, 4122320; 288681, 4122286; 288661, 4122267; 288596, 4122213;
288536, 4122161; 288525, 4122149; 288449, 4122071; 288403, 4122026;
288368, 4121997; 288368, 4121992; 288367, 4121992; 288333, 4121955;
288302, 4121916; 288278, 4121891; 288268, 4121875; 288227, 4121827;
288198, 4121792; 288167, 4121757; 288139, 4121723; 288120, 4121697;
288089, 4121658; 288065, 4121628; 288012, 4121559; 287980, 4121512;
287955, 4121466; 287927, 4121426; 287875, 4121352; 287875, 4121352;
287747, 4121144; 287668, 4121023; 287557, 4120848; 287483, 4120730;
287443, 4120762; 287421, 4120790; 287397, 4120822; 287376, 4120836;
287353, 4120857; 287329, 4120875; 287309, 4120895; 287292, 4120917;
287290, 4120944; 287289, 4120970; 287281, 4120992; 287269, 4121010;
287246, 4121028; 287220, 4121039; 287195, 4121055; 287175, 4121069;
287157, 4121078; 287142, 4121100; 287135, 4121122; 287121, 4121134;
287086, 4121149; 287069, 4121153; 287050, 4121175; 287018, 4121205;
286995, 4121229; 287002, 4121239; 287012, 4121264; 287023, 4121292;
287038, 4121310; 287050, 4121326; 287058, 4121342; 287068, 4121359;
287073, 4121370.
(iv) Note: Map of Units 3 and 4 (Map 3) follows:
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(10) Unit 5--Zion, Washington County, Utah.
(i) Land bounded by the following UTM Zone 12 NAD 83 coordinates
(meters E, meters N):
317424, 4119663; 317442, 4119650; 317463, 4119652; 317502, 4119660;
317526, 4119660; 317568, 4119660; 317617, 4119660; 317626, 4119660;
317657, 4119660; 317685, 4119660; 317722, 4119650; 317756, 4119634;
317780, 4119629; 317798, 4119616; 317821, 4119592; 317829, 4119566;
317811, 4119556; 317793, 4119548; 317787, 4119530; 317800, 4119519;
317832, 4119519; 317863, 4119511; 317884, 4119503; 317916, 4119503;
317939, 4119503; 317963, 4119509; 317984, 4119506; 317986, 4119485;
317963, 4119477; 317942, 4119464; 317926, 4119451; 317900, 4119443;
317874, 4119430; 317855, 4119412; 317848, 4119404; 317816, 4119383;
317790, 4119362; 317790, 4119341; 317866, 4119330; 317932, 4119325;
317978, 4119300; 318003, 4119280; 318018, 4119262; 318039, 4119239;
318064, 4119219; 318115, 4119208; 318141, 4119225; 318163, 4119236;
318191, 4119236; 318215, 4119236; 318250, 4119218; 318274, 4119194;
318296, 4119173; 318331, 4119144; 318362, 4119105; 318388, 4119083;
318416, 4119051; 318416, 4119050; 318437, 4119003; 318431, 4118998;
318414, 4118984; 318413, 4118983; 318402, 4118958; 318404, 4118939;
318401, 4118929; 318359, 4118934; 318323, 4118938; 318305, 4118929;
318295, 4118913; 318300, 4118893; 318302, 4118873; 318297, 4118860;
318288, 4118839; 318285, 4118813; 318292, 4118782; 318302, 4118763;
318326, 4118737; 318342, 4118709; 318363, 4118699; 318382, 4118681;
318408, 4118659; 318413, 4118655; 318439, 4118628; 318454, 4118612;
318457, 4118595; 318458, 4118591; 318466, 4118577; 318482, 4118572;
318511, 4118557; 318541, 4118553; 318574, 4118567; 318592, 4118592;
318595, 4118595; 318600, 4118600; 318615, 4118596; 318624, 4118591;
318633, 4118586; 318648, 4118584; 318652, 4118555; 318659, 4118531;
318671, 4118513; 318700, 4118493; 318724, 4118482; 318745, 4118494;
318759, 4118489; 318781, 4118486; 318785, 4118472; 318787, 4118444;
318788, 4118415; 318799, 4118396; 318805, 4118391; 318816, 4118384;
318830, 4118385; 318840, 4118359; 318852, 4118337; 318873, 4118323;
318884, 4118333; 318891, 4118344; 318899, 4118347; 318911, 4118337;
318929, 4118337; 318942, 4118333; 318960, 4118311; 318989, 4118302;
319024, 4118281; 319086, 4118247; 319114, 4118236; 319136, 4118223;
319168, 4118205; 319185, 4118207; 319203, 4118186; 319211, 4118178;
319233, 4118150; 319254, 4118143; 319275, 4118143; 319301, 4118129;
319320, 4118117; 319346, 4118108; 319365, 4118107; 319367, 4118093;
319380, 4118086; 319398, 4118089; 319406, 4118094; 319422, 4118093;
319441, 4118089; 319448, 4118084; 319441, 4118072; 319427, 4118055;
319424, 4118022; 319406, 4117985; 319399, 4117972; 319406, 4117963;
319412, 4117953; 319403, 4117944; 319398, 4117932; 319386, 4117914;
319377, 4117904; 319363, 4117889; 319354, 4117875; 319330, 4117859;
319322, 4117849; 319325, 4117831; 319313, 4117821; 319306, 4117804;
319297, 4117797; 319296, 4117786; 319287, 4117767; 319271, 4117740;
319266, 4117717; 319261, 4117708; 319242, 4117696; 319228, 4117677;
319230, 4117638; 319226, 4117613; 319191, 4117588; 319183, 4117582;
319136, 4117546; 319097, 4117525; 319077, 4117508; 319064, 4117496;
319046, 4117478; 319034, 4117459; 319032, 4117444; 319048, 4117432;
319064, 4117426; 319074, 4117414; 319083, 4117393; 319098, 4117380;
319111, 4117373; 319124, 4117366; 319140, 4117355; 319154, 4117338;
319169, 4117324; 319186, 4117322; 319192, 4117321; 319214, 4117321;
319235, 4117303; 319266, 4117283; 319311, 4117267; 319325, 4117267;
319349, 4117286; 319373, 4117310; 319403, 4117310; 319420, 4117305;
319444, 4117305; 319467, 4117312; 319488, 4117302; 319503, 4117290;
319528, 4117277; 319548, 4117272; 319559, 4117253; 319579, 4117241;
319588, 4117236; 319602, 4117219; 319616, 4117201; 319640, 4117194;
319676, 4117186; 319711, 4117175; 319744, 4117170; 319768, 4117167;
319779, 4117186; 319784, 4117212; 319792, 4117231; 319799, 4117239;
319803, 4117250; 319801, 4117269; 319811, 4117291; 319825, 4117295;
319853, 4117284; 319884, 4117276; 319924, 4117271; 319932, 4117194;
319932, 4115820; 319477, 4115828; 319472, 4115839; 319456, 4115857;
319430, 4115867; 319420, 4115875; 319400, 4115900; 319389, 4115914;
319375, 4115927; 319364, 4115937; 319335, 4115955; 319304, 4115970;
319283, 4116007; 319277, 4116039; 319270, 4116053; 319244, 4116059;
319204, 4116078; 319199, 4116088; 319196, 4116102; 319206, 4116133;
319200, 4116153; 319192, 4116158; 319161, 4116165; 319160, 4116165;
319145, 4116168; 319102, 4116170; 319070, 4116193; 319043, 4116229;
319038, 4116241; 319012, 4116257; 318992, 4116260; 318972, 4116264;
318946, 4116267; 318926, 4116269; 318899, 4116278; 318885, 4116285;
318864, 4116300; 318853, 4116320; 318825, 4116334; 318803, 4116335;
318781, 4116339; 318771, 4116349; 318763, 4116357; 318741, 4116381;
318714, 4116402; 318691, 4116415; 318681, 4116421; 318648, 4116428;
318630, 4116430; 318605, 4116436; 318580, 4116447; 318557, 4116468;
318533, 4116502; 318515, 4116537; 318502, 4116567; 318493, 4116581;
318484, 4116598; 318472, 4116625; 318459, 4116654; 318425, 4116681;
318411, 4116690; 318389, 4116707; 318369, 4116721; 318367, 4116722;
318349, 4116737; 318336, 4116749; 318324, 4116751; 318305, 4116753;
318276, 4116753; 318243, 4116758; 318203, 4116764; 318171, 4116769;
318131, 4116774; 318101, 4116776; 318068, 4116786; 318050, 4116797;
318038, 4116811; 318026, 4116827; 318013, 4116842; 317975, 4116888;
317971, 4116896; 317947, 4116937; 317935, 4116966; 317931, 4116989;
317934, 4116995; 317940, 4117008; 317955, 4117020; 317968, 4117037;
317974, 4117053; 317975, 4117056; 317991, 4117076; 318001, 4117089;
318014, 4117099; 318023, 4117135; 318033, 4117158; 318044, 4117194;
318051, 4117215; 318076, 4117245; 318093, 4117271; 318109, 4117301;
318118, 4117319; 318119, 4117336; 318119, 4117365; 318111, 4117389;
318110, 4117394; 318109, 4117408; 318105, 4117429; 318094, 4117451;
318081, 4117476; 318070, 4117488; 318070, 4117505; 318063, 4117524;
318062, 4117542; 318072, 4117558; 318078, 4117577; 318081, 4117600;
318101, 4117620; 318112, 4117636; 318098, 4117660; 318090, 4117680;
318085, 4117688; 318080, 4117694; 318074, 4117703; 318058, 4117713;
318048, 4117719; 318036, 4117737; 318033, 4117751; 318033, 4117762;
318035, 4117771; 318037, 4117779; 318034, 4117796; 318033, 4117798;
318026, 4117816; 318017, 4117838; 318010, 4117851; 317999, 4117870;
317990, 4117882; 317988, 4117886; 317980, 4117897; 317958, 4117918;
317946, 4117929; 317935, 4117935; 317924, 4117939; 317907, 4117945;
317889, 4117949; 317875, 4117952; 317862, 4117956; 317853, 4117959;
317836, 4117964; 317819, 4117970; 317803, 4117976; 317785, 4117984;
317773, 4117988; 317759, 4117991; 317749, 4117993; 317738, 4117995;
317729, 4117997; 317713, 4118000; 317698, 4118003; 317689, 4118005;
317671, 4118014; 317652, 4118025; 317639, 4118033; 317630, 4118040;
317613, 4118053; 317598, 4118064;
[[Page 15992]]
317592, 4118070; 317588, 4118073; 317584, 4118077; 317580, 4118081;
317573, 4118089; 317568, 4118095; 317559, 4118107; 317551, 4118119;
317545, 4118127; 317538, 4118138; 317534, 4118144; 317527, 4118154;
317522, 4118160; 317513, 4118170; 317505, 4118184; 317507, 4118198;
317509, 4118201; 317513, 4118207; 317517, 4118211; 317520, 4118214;
317523, 4118221; 317527, 4118230; 317528, 4118240; 317527, 4118248;
317527, 4118254; 317526, 4118262; 317524, 4118272; 317524, 4118278;
317523, 4118286; 317521, 4118297; 317520, 4118307; 317518, 4118315;
317516, 4118328; 317513, 4118336; 317508, 4118347; 317505, 4118353;
317497, 4118365; 317489, 4118374; 317481, 4118385; 317473, 4118393;
317468, 4118398; 317456, 4118414; 317448, 4118423; 317439, 4118433;
317428, 4118444; 317417, 4118453; 317404, 4118461; 317395, 4118467;
317389, 4118471; 317378, 4118475; 317372, 4118478; 317355, 4118483;
317346, 4118486; 317326, 4118486; 317309, 4118485; 317293, 4118485;
317268, 4118485; 317240, 4118485; 317217, 4118482; 317198, 4118479;
317192, 4118478; 317175, 4118478; 317153, 4118482; 317117, 4118499;
317097, 4118505; 317070, 4118511; 317046, 4118515; 317021, 4118518;
317006, 4118521; 316995, 4118526; 317002, 4118540; 317023, 4118576;
317032, 4118611; 317031, 4118626; 317029, 4118655; 317019, 4118696;
317011, 4118739; 317011, 4118764; 317025, 4118791; 317039, 4118815;
317040, 4118842; 317056, 4118883; 317077, 4118919; 317100, 4118965;
317110, 4119005; 317120, 4119027; 317121, 4119029; 317140, 4119063;
317144, 4119072; 317144, 4119080; 317144, 4119116; 317144, 4119137;
317141, 4119189; 317133, 4119226; 317136, 4119291; 317144, 4119346;
317162, 4119383; 317181, 4119420; 317186, 4119427; 317196, 4119441;
317201, 4119464; 317199, 4119477; 317183, 4119477; 317162, 4119475;
317147, 4119475; 317128, 4119490; 317128, 4119501; 317126, 4119519;
317126, 4119553; 317133, 4119600; 317144, 4119616; 317154, 4119645;
317181, 4119668; 317212, 4119671; 317224, 4119672; 317259, 4119676;
317290, 4119676; 317366, 4119689; 317395, 4119692; 317403, 4119684;
317424, 4119663.
(ii) Note: Map of Unit 5 (Map 4) follows:
BILLING CODE 4310-55-P
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* * * * *
Family Fabaceae: Astragalus holmgreniorum (Holmgren Milk-Vetch)
(1) Critical habitat units are depicted for Mohave County, Arizona,
and Washington County, Utah, on the maps and as described below.
(2) Within these areas, the primary constituent elements of
critical habitat for Astragalus holmgreniorum are:
(i) Appropriate geological layers and/or soils that support
individual Astragalus holmgreniorum plants. These include the Virgin
Limestone member, middle red member, and upper red member of the
Moenkopi Formation and the Petrified Forest member of the Chinle
Formation. Associated soils are Badland; Badland, very steep; Eroded
land-Shalet complex, warm; Hobog-rock land association; Isom cobbly
sandy loam; Ruesh very gravelly fine sandy loam; Gypill Hobog complex,
6 to 35 percent slopes; Gypill very cobbly sandy loam, 15 to 40 percent
slopes; and Hobog-Grapevine complex, 2 to 35 percent slopes;
(ii) Topographic features/relief (mesas, ridge remnants, alluvial
fans and fan terraces, their summits and backslopes, and gently rolling
to steep swales) and the drainage areas along formation edges with
little to moderate slope (0 to 20 percent); and
(iii) The presence of insect visitors or pollinators, such as
Anthophora captognatha, A. damnersi, A. porterae, other Anthophora
species, Eucera quadricincta, Omia titus, and two types of Dialictus
species.
(3) Critical habitat does not include manmade structures existing
on the effective date of this rule and not containing one or more of
the primary constituent elements, such as buildings, aqueducts,
airports, and roads, and the land on which such structures are located.
(4) Data layers defining map units were an electronic base map of
USGS 7.5' quadrangles projected to the Universal Transverse Mercator
(UTM) coordinate system, Zone 12 NAD 83. Ancillary data used to help
refine the unit boundaries included Digital Orthophoto Quadrangles
(DOQs); National Agricultural Imagery Program (NAIP); cadastral land
survey (Township, Range, and Section); soils data; and the 1:24,000
Utah water courses data set. Critical habitat units were delineated
through heads-up digitizing in a Geographic Information System.
(5) Note: Index map (Map 5) follows:
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(6) Unit 1--Utah-Arizona Border Unit: Mohave County, Arizona, and
Washington County, Utah. This Unit consists of three subunits: State
Line, Gardner Well, and Central Valley.
(i) Unit 1a: State Line, Washington County, Utah. The subunit is
bounded by the following UTM Zone 12 NAD 83 coordinates (meters E,
meters N):
265906, 4097003; 265906, 4097003; 265325, 4097015; 265139, 4097174;
263931, 4098206; 263933, 4100207; 264297, 4100206; 264324, 4100152;
264361, 4100090; 264389, 4100059; 264420, 4100041; 264445, 4100041;
264486, 4100066; 264528, 4100107; 264560, 4100151; 264578, 4100184;
264588, 4100206; 264599, 4100221; 264614, 4100232; 264631, 4100246;
264647, 4100256; 264657, 4100269; 264663, 4100289; 264669, 4100308;
264663, 4100349; 264653, 4100399; 264639, 4100426; 264620, 4100454;
264601, 4100482; 264579, 4100527; 264568, 4100555; 264563, 4100578;
264555, 4100596; 264540, 4100617; 264530, 4100643; 264509, 4100682;
264486, 4100742; 264483, 4100793; 264481, 4100853; 264483, 4100885;
264494, 4100904; 264505, 4100920; 264518, 4100937; 264524, 4100963;
264537, 4101013; 264553, 4101091; 264563, 4101143; 264565, 4101160;
264574, 4101176; 264581, 4101197; 264594, 4101236; 264603, 4101265;
264616, 4101294; 264636, 4101316; 264655, 4101327; 264685, 4101328;
264713, 4101321; 264745, 4101296; 264792, 4101262; 264831, 4101225;
264867, 4101180; 264895, 4101133; 264906, 4101094; 264909, 4101006;
264910, 4100916; 264917, 4100838; 264918, 4100770; 264926, 4100713;
264935, 4100694; 264947, 4100670; 264959, 4100658; 264977, 4100648;
264998, 4100642; 265010, 4100638; 265032, 4100630; 265061, 4100626;
265092, 4100626; 265118, 4100629; 265151, 4100647; 265170, 4100667;
265187, 4100692; 265205, 4100736; 265221, 4100782; 265228, 4100802;
265243, 4100832; 265261, 4100861; 265292, 4100894; 265337, 4100917;
265385, 4100947; 265434, 4100981; 265464, 4100994; 265509, 4101009;
265550, 4101020; 265562, 4101023; 265609, 4101039; 265657, 4101057;
265679, 4101062; 265703, 4101072; 265716, 4101084; 265731, 4101105;
265747, 4101116; 265762, 4101126; 265769, 4101131; 265778, 4101141;
265797, 4101160; 265818, 4101168; 265834, 4101180; 265837, 4101186;
265835, 4101202; 265841, 4101223; 265846, 4101236; 265845, 4101253;
265850, 4101262; 265861, 4101261; 265871, 4101258; 265889, 4101257;
265889, 4101257; 265919, 4101271; 265959, 4101295; 265987, 4101328;
265999, 4101345; 266012, 4101349; 266046, 4101349; 266087, 4101343;
266105, 4101334; 266137, 4101311; 266163, 4101285; 266193, 4101265;
266213, 4101254; 266254, 4101243; 266302, 4101240; 266358, 4101251;
266411, 4101260; 266457, 4101268; 266485, 4101273; 266510, 4101279;
266549, 4101281; 266589, 4101274; 266631, 4101256; 266652, 4101238;
266693, 4101205; 266727, 4101175; 266756, 4101148; 266791, 4101113;
266821, 4101080; 266835, 4101060; 266854, 4101033; 266882, 4100989;
266910, 4100953; 266955, 4100909; 266996, 4100874; 267029, 4100851;
267067, 4100819; 267098, 4100783; 267127, 4100762; 267169, 4100753;
267207, 4100757; 267242, 4100772; 267281, 4100809; 267309, 4100867;
267333, 4100900; 267361, 4100922; 267394, 4100936; 267432, 4100935;
267482, 4100919; 267530, 4100890; 267572, 4100861; 267594, 4100843;
267641, 4100801; 267672, 4100771; 267705, 4100713; 267724, 4100661;
267744, 4100607; 267775, 4100561; 267814, 4100526; 267842, 4100508;
267906, 4100469; 267917, 4100463; 267932, 4100459; 267933, 4097163;
267933, 4097163; 267933, 4096673; 267934, 4095506; 267934, 4095144;
267912, 4095140; 267892, 4095136; 267870, 4095127; 267837, 4095084;
267820, 4095058; 267798, 4095019; 267776, 4094979; 267756, 4094951;
267736, 4094923; 267722, 4094903; 267681, 4094881; 267640, 4094875;
267614, 4094871; 267519, 4094815; 267492, 4094810; 267486, 4094849;
267482, 4094879; 267480, 4094892; 267477, 4094916; 267474, 4094940;
267470, 4094952; 267463, 4094969; 267455, 4094989; 267448, 4094998;
267435, 4095013; 267425, 4095026; 267404, 4095040; 267389, 4095051;
267374, 4095063; 267363, 4095073; 267351, 4095083; 267337, 4095095;
267324, 4095120; 267310, 4095149; 267308, 4095176; 267305, 4095199;
267301, 4095220; 267298, 4095240; 267280, 4095257; 267266, 4095272;
267253, 4095284; 267230, 4095307; 267219, 4095318; 267202, 4095340;
267185, 4095360; 267169, 4095383; 267160, 4095397; 267151, 4095419;
267143, 4095436; 267140, 4095468; 267138, 4095492; 267131, 4095517;
267125, 4095541; 267114, 4095575; 267100, 4095615; 267094, 4095640;
267094, 4095679; 267095, 4095714; 267097, 4095762; 267099, 4095790;
267091, 4095805; 267079, 4095831; 267073, 4095855; 267070, 4095877;
267072, 4095903; 267087, 4095935; 267099, 4095962; 267101, 4095985;
267104, 4096007; 267106, 4096030; 267113, 4096063; 267119, 4096088;
267123, 4096109; 267148, 4096146; 267160, 4096155; 267177, 4096168;
267199, 4096177; 267217, 4096185; 267263, 4096207; 267300, 4096219;
267327, 4096243; 267349, 4096264; 267379, 4096289; 267407, 4096313;
267425, 4096330; 267454, 4096362; 267473, 4096383; 267496, 4096415;
267509, 4096435; 267502, 4096450; 267490, 4096461; 267479, 4096471;
267470, 4096480; 267454, 4096493; 267434, 4096509; 267411, 4096525;
267390, 4096536; 267371, 4096546; 267340, 4096566; 267315, 4096583;
267300, 4096584; 267280, 4096587; 267256, 4096590; 267246, 4096591;
267234, 4096593; 267214, 4096592; 267171, 4096591; 267142, 4096590;
267097, 4096592; 267052, 4096595; 267037, 4096610; 267007, 4096638;
266973, 4096692; 266897, 4096752; 266896, 4096752; 266895, 4096753;
266855, 4096750; 266800, 4096744; 266744, 4096736; 266729, 4096740;
266703, 4096758; 266682, 4096769; 266682, 4096769; 266682, 4096769;
266359, 4096909; 266306, 4096995; 266037, 4097000; 265906, 4097003.
(ii) Unit 1b: Gardner Well, Washington County, Utah. The subunit is
bounded by the following UTM Zone 12 NAD 83 coordinates (meters E,
meters N):
271132, 4097585; 271154, 4097406; 271173, 4097277; 271180, 4097203;
271233, 4097154; 271275, 4097136; 271324, 4097129; 271370, 4097147;
271416, 4097165; 271451, 4097161; 271493, 4097165; 271518, 4097154;
271539, 4097133; 271574, 4097094; 271606, 4097055; 271628, 4097040;
271645, 4097017; 271658, 4096995; 271664, 4096976; 271680, 4096960;
271693, 4096929; 271698, 4096899; 271700, 4096880; 271702, 4096849;
271710, 4096825; 271728, 4096800; 271730, 4096782; 271718, 4096747;
271711, 4096697; 271721, 4096652; 271748, 4096601; 271795, 4096549;
271831, 4096521; 271866, 4096521; 271885, 4096521; 271913, 4096509;
271946, 4096509; 271990, 4096511; 272026, 4096514; 272051, 4096521;
272101, 4096517; 272149, 4096496; 272194, 4096466; 272263, 4096388;
272301, 4096328; 272317, 4096291; 272341, 4096229; 272356, 4096176;
272356, 4096098; 272329, 4096025; 272288, 4095973; 272218, 4095916;
272194, 4095890; 272156, 4095871; 272123, 4095845; 272103, 4095805;
272089, 4095777; 272089, 4095743; 272099, 4095684; 271975, 4095633;
271847, 4095582; 271742, 4095579; 271672, 4095582; 271424, 4095648;
270979, 4095805; 270884, 4095787; 270808, 4095801; 270768, 4095867;
[[Page 15997]]
270702, 4095929; 270640, 4095987; 270574, 4096049; 270560, 4096104;
270545, 4096159; 270574, 4096184; 270603, 4096202; 270649, 4097638;
270652, 4097721; 270768, 4097702; 270830, 4097691; 270873, 4097691;
270906, 4097680; 270950, 4097680; 270975, 4097676; 271005, 4097654;
271019, 4097640; 271048, 4097651; 271089, 4097673; 271118, 4097676;
271132, 4097585.
(iii) Unit 1c: Central Valley, Washington County, Utah. The subunit
is bounded by the following UTM Zone 12 NAD 83 coordinates (meters E,
meters N):
270671, 4100941; 270668, 4100945; 270663, 4100955; 270654, 4100962;
270648, 4100970; 270657, 4100979; 270682, 4101000; 270698, 4101012;
270728, 4101030; 270760, 4101064; 270786, 4101093; 270822, 4101114;
270874, 4101145; 270902, 4101164; 270969, 4101208; 270992, 4101223;
271004, 4101223; 271021, 4101223; 271044, 4101213; 271073, 4101206;
271107, 4101198; 271142, 4101197; 271154, 4101197; 271163, 4101206;
271171, 4101222; 271164, 4101242; 271160, 4101258; 271156, 4101275;
271163, 4101287; 271180, 4101285; 271192, 4101285; 271199, 4101299;
271198, 4101309; 271189, 4101318; 271182, 4101327; 271174, 4101342;
271172, 4101370; 271172, 4101390; 271182, 4101412; 271183, 4101421;
271179, 4101435; 271172, 4101447; 271166, 4101459; 271165, 4101472;
271171, 4101481; 271182, 4101481; 271204, 4101476; 271214, 4101485;
271224, 4101496; 271230, 4101502; 271243, 4101498; 271254, 4101491;
271267, 4101491; 271284, 4101502; 271293, 4101510; 271306, 4101510;
271314, 4101522; 271324, 4101534; 271331, 4101544; 271343, 4101555;
271347, 4101569; 271347, 4101583; 271355, 4101592; 271355, 4101601;
271355, 4101611; 271365, 4101615; 271378, 4101620; 271386, 4101628;
271389, 4101641; 271394, 4101649; 271410, 4101651; 271418, 4101660;
271422, 4101672; 271432, 4101669; 271445, 4101671; 271457, 4101679;
271468, 4101689; 271477, 4101702; 271484, 4101713; 271492, 4101726;
271507, 4101717; 271558, 4101711; 271681, 4101696; 271855, 4101690;
272074, 4101690; 272177, 4101687; 272181, 4101689; 272129, 4101534;
272086, 4101373; 272020, 4101140; 271940, 4100852; 271861, 4100577;
271752, 4100334; 271625, 4100053; 271488, 4099746; 271377, 4099511;
271328, 4099394; 271287, 4099296; 271287, 4099296; 271227, 4099294;
271179, 4099296; 271145, 4099296; 271102, 4099297; 271061, 4099295;
271038, 4099287; 271010, 4099268; 270994, 4099257; 270977, 4099247;
270954, 4099236; 270933, 4099226; 270919, 4099215; 270904, 4099188;
270878, 4099136; 270861, 4099099; 270839, 4099061; 270817, 4099026;
270788, 4098984; 270763, 4098959; 270719, 4098929; 270691, 4098913;
270681, 4098912; 270658, 4098879; 270641, 4098853; 270628, 4098832;
270610, 4098812; 270578, 4098812; 270551, 4098818; 270521, 4098818;
270494, 4098824; 270467, 4098835; 270423, 4098828; 270401, 4098827;
270344, 4098826; 270294, 4098830; 270278, 4098835; 270237, 4098831;
270211, 4098825; 270170, 4098825; 270142, 4098828; 270099, 4098835;
270065, 4098845; 270047, 4098849; 270017, 4098846; 269993, 4098842;
269956, 4098843; 269926, 4098850; 269895, 4098865; 269858, 4098891;
269848, 4098904; 269830, 4098908; 269803, 4098916; 269782, 4098925;
269778, 4098934; 269773, 4098948; 269768, 4098961; 269754, 4098960;
269735, 4098947; 269716, 4098933; 269701, 4098919; 269690, 4098904;
269668, 4098898; 269660, 4098901; 269660, 4098904; 269645, 4098949;
269621, 4098990; 269597, 4099027; 269585, 4099050; 269554, 4099115;
269526, 4099169; 269511, 4099201; 269492, 4099221; 269478, 4099237;
269461, 4099295; 269438, 4099355; 269426, 4099389; 269412, 4099420;
269385, 4099469; 269348, 4099524; 269312, 4099580; 269301, 4099592;
269280, 4099605; 269254, 4099620; 269238, 4099629; 269220, 4099647;
269200, 4099687; 269179, 4099734; 269181, 4099735; 269178, 4099736;
269165, 4099747; 269143, 4099759; 269123, 4099767; 269097, 4099776;
269080, 4099783; 269064, 4099801; 269050, 4099821; 269032, 4099840;
269012, 4099858; 269002, 4099866; 268995, 4099879; 268995, 4099902;
269009, 4099933; 269035, 4099958; 269054, 4099974; 269076, 4099978;
269100, 4099987; 269120, 4100000; 269143, 4100027; 269162, 4100052;
269179, 4100082; 269197, 4100110; 269214, 4100143; 269244, 4100175;
269285, 4100198; 269309, 4100212; 269325, 4100226; 269361, 4100238;
269376, 4100258; 269387, 4100289; 269415, 4100322; 269432, 4100348;
269451, 4100367; 269483, 4100384; 269520, 4100400; 269553, 4100408;
269587, 4100423; 269608, 4100437; 269610, 4100440; 269616, 4100443;
269621, 4100439; 269618, 4100426; 269618, 4100414; 269612, 4100404;
269600, 4100387; 269599, 4100386; 269595, 4100374; 269584, 4100349;
269578, 4100326; 269584, 4100309; 269601, 4100290; 269620, 4100293;
269631, 4100312; 269652, 4100322; 269686, 4100335; 269715, 4100348;
269725, 4100348; 269725, 4100348; 269726, 4100346; 269740, 4100352;
269761, 4100358; 269781, 4100365; 269802, 4100375; 269827, 4100375;
269850, 4100375; 269867, 4100375; 269878, 4100381; 269886, 4100375;
269892, 4100361; 269901, 4100351; 269918, 4100345; 269930, 4100368;
269941, 4100404; 269947, 4100436; 269953, 4100465; 269950, 4100483;
269938, 4100504; 269921, 4100530; 269904, 4100544; 269901, 4100546;
269901, 4100546; 269898, 4100546; 269883, 4100553; 269876, 4100563;
269883, 4100573; 269896, 4100577; 269908, 4100586; 269911, 4100600;
269905, 4100618; 269899, 4100631; 269899, 4100645; 269905, 4100651;
269918, 4100648; 269930, 4100642; 269942, 4100634; 269963, 4100624;
269971, 4100619; 269989, 4100621; 270003, 4100625; 270016, 4100632;
270033, 4100637; 270044, 4100637; 270048, 4100633; 270048, 4100633;
270048, 4100633; 270054, 4100628; 270054, 4100609; 270054, 4100603;
270058, 4100593; 270068, 4100574; 270083, 4100564; 270104, 4100564;
270126, 4100573; 270143, 4100590; 270152, 4100613; 270153, 4100628;
270165, 4100639; 270178, 4100652; 270178, 4100670; 270181, 4100693;
270181, 4100699; 270182, 4100700; 270182, 4100700; 270182, 4100709;
270188, 4100712; 270194, 4100707; 270195, 4100706; 270196, 4100706;
270196, 4100706; 270200, 4100693; 270205, 4100677; 270209, 4100657;
270215, 4100645; 270220, 4100639; 270236, 4100635; 270251, 4100638;
270269, 4100648; 270282, 4100652; 270293, 4100652; 270304, 4100650;
270311, 4100645; 270320, 4100639; 270334, 4100639; 270347, 4100639;
270358, 4100650; 270368, 4100655; 270381, 4100655; 270395, 4100654;
270415, 4100654; 270438, 4100654; 270453, 4100660; 270473, 4100671;
270500, 4100683; 270522, 4100697; 270548, 4100712; 270573, 4100725;
270594, 4100738; 270620, 4100755; 270638, 4100762; 270651, 4100778;
270667, 4100795; 270680, 4100808; 270698, 4100829; 270710, 4100844;
270723, 4100859; 270731, 4100875; 270733, 4100886; 270731, 4100899;
270723, 4100908; 270707, 4100915; 270694, 4100921; 270684, 4100930;
270672, 4100937; 270670, 4100941; 270671, 4100941.
(iv) Note: Map of Unit 1 (Map 6) follows:
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(7) Unit 2--Santa Clara Unit: Washington County, Utah. This Unit
consists of two subunits: Stucki Spring and South Hills.
(i) Unit 2a: Stucki Spring, Washington County, Utah. Land bounded
by the UTM Zone 12 NAD 83 coordinates (meters E, meters N):
263378, 4109549; 263418, 4109530; 263501, 4109530; 263565, 4109524;
263638, 4109510; 263675, 4109505; 263723, 4109495; 263732, 4109391;
263668, 4109390; 263641, 4109390; 263582, 4109355; 263545, 4109295;
263501, 4109289; 263455, 4109290; 263434, 4109292; 263406, 4109234;
263354, 4109218; 263352, 4109197; 262936, 4109206; 262113, 4109203;
261933, 4109205; 261931, 4110468; 262149, 4110467; 262930, 4110440;
262937, 4110314; 262963, 4110284; 262990, 4110253; 263009, 4110216;
263025, 4110178; 263046, 4110153; 263067, 4110128; 263086, 4110108;
263119, 4110079; 263138, 4110045; 263167, 4109979; 263212, 4109900;
263256, 4109836; 263304, 4109769; 263326, 4109697; 263329, 4109655;
263343, 4109609; 263354, 4109584; 263378, 4109549.
(ii) Unit 2b: South Hills, Washington County, Utah. Land bounded by
the UTM Zone 12 NAD 83 coordinates (meters E, meters N):
263701, 4111206; 263464, 4111209; 263458, 4111228; 263434, 4111232;
263420, 4111249; 263391, 4111293; 263380, 4111332; 263375, 4111375;
263371, 4111429; 263366, 4111474; 263374, 4111510; 263374, 4111568;
263374, 4111610; 263367, 4111656; 263373, 4111686; 263387, 4111711;
263399, 4111756; 263394, 4111813; 263384, 4111890; 263375, 4111968;
263364, 4112028; 263347, 4112059; 263350, 4112060; 263933, 4112042;
263933, 4112038; 263933, 4112037; 264193, 4111740; 264131, 4111601;
263986, 4111269; 263956, 4111211; 263927, 4111189; 263913, 4111164;
263894, 4111138; 263865, 4111127; 263829, 4111113; 263803, 4111120;
263781, 4111142; 263759, 4111156; 263738, 4111182; 263705, 4111197;
263701, 4111206.
(iii) Note: Map of Unit 2 (Map 7) follows:
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(8) Unit 3--Purgatory Flat Unit: Washington County, Utah.
(i) Land bounded by the following UTM Zone 12 NAD 83 coordinates
(meters E, meters N):
284276, 4114426; 284295, 4114449; 284375, 4114491; 284510, 4114595;
284590, 4114654; 284617, 4114709; 284659, 4114733; 284693, 4114759;
284933, 4114429; 284888, 4114391; 283702, 4113373; 283429, 4113736;
283481, 4113781; 283526, 4113829; 283547, 4113854; 283592, 4113874;
283640, 4113909; 283672, 4113940; 283737, 4113995; 283810, 4114065;
283841, 4114096; 283862, 4114110; 283886, 4114138; 283949, 4114190;
283987, 4114228; 284032, 4114262; 284060, 4114287; 284098, 4114325;
284139, 4114359; 284276, 4114426.
(ii) Note: Map of Unit 3 (Map 8) follows:
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* * * * *
Dated: March 17, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-2840 Filed 3-28-06; 8:45 am]
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