[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Proposed Rules]
[Pages 46889-46897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18579]



[[Page 46889]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS- R8-ES-2013-0079; 4500030113]
RIN 1018-AZ12


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
and Candidate Removal for Potentilla basaltica; Proposed Threatened 
Species Status for Ivesia webberi

AGENCY: Fish and Wildlife Service, Interior.

ACTION: 12-month petition finding; proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
12-month finding on a petition to list the plant Potentilla basaltica 
(Soldier Meadow cinquefoil) as an endangered or threatened species. 
After review of the best available scientific information, we find that 
listing Potentilla basaltica as an endangered or threatened species 
under the Endangered Species Act (Act) is no longer warranted, and, 
therefore, we are removing this species from the candidate list. We 
propose to list the plant Ivesia webberi (Webber's ivesia) as a 
threatened species under the Act. If finalized, the effect of this 
regulation would be to add Ivesia webberi to the List of Endangered and 
Threatened Plants and extend the Act's protections to this species. 
Elsewhere in today's Federal Register, we propose to designate critical 
habitat under the Act for Ivesia webberi.

DATES: We will accept comments received or postmarked on or before 
October 1, 2013. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES section, below) must be received by 
11:59 p.m. Eastern Time on the closing date. We must receive requests 
for public hearings, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by September 16, 2013.
    Public meeting: We will hold a public meeting on this proposed rule 
on September 10, 2013, in Reno, NV, from 4:00 to 6:00 p.m. People 
needing reasonable accommodations in order to attend and participate in 
the public hearing should contact Jeannie Stafford, Nevada Fish and 
Wildlife Office, as soon as possible (see FOR FURTHER INFORMATION 
CONTACT).

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R8-ES-2013-0079, 
which is the docket number for this rulemaking. Then, in the Search 
panel on the left side of the screen, under the Document Type heading, 
click on the Proposed Rules link to locate this document. You may 
submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R8-ES-2013-0079; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Edward D. Koch, State Supervisor, U.S. 
Fish and Wildlife Service, Nevada Fish and Wildlife Office, 1340 
Financial Boulevard, Suite 234, Reno, NV 89502, by telephone 775-861-
6300, or by facsimile 775-861-6301. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

    Why we need to publish a rule. Under the Act, if we find a species 
to be endangered or threatened throughout all or a significant portion 
of its range, we are required to promptly publish a proposal in the 
Federal Register and make a final determination on our proposal within 
1 year. We designate critical habitat to the maximum extent prudent and 
determinable, for any species determined to be an endangered or 
threatened species under the Act. Listing a species as an endangered or 
threatened species and designations and revisions of critical habitat 
can only be completed by issuing a rule.
    What this rule does. We propose the listing of Ivesia webberi 
(Webber's ivesia) as a threatened species. Ivesia webberi is a 
candidate species for which we have on file sufficient information on 
biological vulnerability and threats to support preparation of a 
listing proposal, but for which development of a listing regulation has 
been precluded by other higher-priority listing activities. This rule 
reassesses all currently available information regarding status of and 
threats to I. webberi. Elsewhere in today's Federal Register, we 
propose to designate critical habitat for I. webberi under the Act.
    The basis for our action. Under the Act, we can determine that a 
species is an endangered or threatened species based on any of five 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) Overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
Disease or predation; (D) The inadequacy of existing regulatory 
mechanisms; or (E) Other natural or manmade factors affecting its 
continued existence. We find Ivesia webberi is subject to the present 
or threatened destruction, modification, or curtailment of its habitat 
(Factor A) from the following: Nonnative, invasive plants; modified 
fire regime (increased wildfire); OHV use and roads; development; 
livestock grazing; and climate change.
    We will seek peer review. We are seeking all comments, including 
those from independent specialists to ensure that our designation is 
based on scientifically sound data, assumptions, and analyses. We will 
invite these peer reviewers to comment on our listing proposal for 
Ivesia webberi. A thorough review of information that we relied on in 
making this determination--including information on taxonomy, life 
history, ecology, population distribution and abundance, and potential 
threats--is presented in the Ivesia webberi Species Report available at 
www. regulations.gov (Docket Number FWS-R8-ES-2013-0079). A summary of 
this analysis is found within this proposed rule. Because we will 
consider all comments and information received during the comment 
period, our final determinations may differ from this proposal.

Information Requested

Public Comments

    We intend that any final action resulting from this proposed rule 
for Ivesia webberi will be based on the best scientific and commercial 
data available and be as accurate and as effective as possible. 
Therefore, we request comments or information from the public, other 
concerned governmental agencies, Native American tribes, the

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scientific community, industry, or any other interested parties 
concerning this proposed rule. We particularly seek comments 
concerning:
    (1) Ivesia webberi's biology, distribution, population size and 
trend, including:
    (a) Habitat requirements for pollination, reproduction, and 
dispersal;
    (b) Genetics and taxonomy;
    (c) Historical and current range including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) The factors that are the basis for making a listing 
determination for a species under section 4(a) of the Act (16 U.S.C. 
1531 et seq.), which are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range (Factor A);
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes (Factor B);
    (c) Disease or predation (Factor C);
    (d) The inadequacy of existing regulatory mechanisms (Factor D); or
    (e) Other natural or manmade factors affecting its continued 
existence (Factor E).
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this species and existing regulations 
that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status, range, distribution, and population size of this species, 
including the locations of any additional populations of this species.
    (5) Any information on the biological or ecological requirements of 
the species, and ongoing conservation measures for the species and its 
habitat.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We request 
that you send comments only by the methods described in the ADDRESSES 
section.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov. 
Please include sufficient information with your comments to allow us to 
verify any scientific or commercial information you include.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Nevada Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

Public Hearing

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days after the date of publication of this proposed rule in the Federal 
Register. Such requests must be sent to the address shown in the FOR 
FURTHER INFORMATION CONTACT section. We will schedule public hearings 
on this proposal, if any are requested, and announce the dates, times, 
and places of those hearings, as well as how to obtain reasonable 
accommodations, in the Federal Register and local newspapers at least 
15 days before the hearing.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of at least three appropriate and independent specialists 
regarding the Ivesia webberi proposed rule. A thorough review of 
information that we relied on in making this determination--including 
information on taxonomy, life history, ecology, population distribution 
and abundance, and potential threats--is presented in the Ivesia 
webberi Species Report available at http://www.regulations.gov (Docket 
Number FWS-R8-ES-2013-0079). A summary of this analysis is found within 
this proposed rule. The purpose of peer review is to ensure that our 
listing determination is based on scientifically sound data, 
assumptions, and analyses. A peer review panel will conduct an 
assessment of the proposed rule and the specific assumptions and 
conclusions regarding the proposed listing. This assessment will be 
completed during the public comment period.

12-Month Petition Finding and Candidate Withdrawal for Potentilla 
basaltica

    This section summarizes the information on species status and 
potential threats that we evaluated in order to determine that listing 
Potentilla basaltica is not warranted and to remove it from candidate 
status. A thorough review of information that we relied on in making 
this determination--including information on taxonomy, life history, 
ecology, population distribution and abundance, and potential threats--
is presented in the P. basaltica (Soldier Meadow Cinquefoil) Species 
Report (Service 2013a, entire), which is available at http://www.regulations.gov (in the Search box, enter FWS-R8-ES-2013-0079, 
which is the docket number for this rulemaking).
    The factors that are the basis for making a listing determination 
for a species under section 4(a) of the Act (16 U.S.C. 1531 et seq.), 
are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range (Factor A);
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes (Factor B);
    (c) Disease or predation (Factor C);
    (d) The inadequacy of existing regulatory mechanisms (Factor D); or
    (e) Other natural or manmade factors affecting its continued 
existence (Factor E).
    We discuss the potential threats related to each factor below.
    We identified Potentilla basaltica as a candidate in the June 13, 
2002, Candidate Notice of Review (CNOR, 67 FR 40657). At the time, our 
assessment was that the species was being impacted by the present or 
threatened destruction, modification, or curtailment of its habitat or 
range (Factor A) resulting from the primary threats of heavy 
recreational use, OHV activity, and livestock grazing at Soldier 
Meadow. A candidate species is one for which we have on file sufficient 
information on biological vulnerability and threats to support a 
proposal to list as endangered or threatened, but for which preparation 
and publication of a proposal is precluded by higher-priority listing 
actions. Potentilla basaltica was included in all subsequent annual

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CNORs (69 FR 24875, May 4, 2004; 70 FR 24869, May 11, 2005; 71 FR 
53756, September 12, 2006; 72 FR 69033, December 6, 2007; 73 FR 75175, 
December 10, 2008; 74 FR 57803, November 9, 2009; 75 FR 69221, November 
10, 2010; and 76 FR 66370, October 26, 2011; 77 FR 69993, November 21, 
2012). On May 11, 2004, we received a petition to list a total of 225 
plant and animal species from the list of candidate species, including 
P. basaltica. Because we previously found that P. basaltica was 
warranted for listing, no further action was taken on the petition. 
When it was first identified as a candidate in 2002, we assigned P. 
basaltica a listing priority number (LPN) of 5, reflecting a species 
with threats that were considered high in magnitude but nonimminent. In 
2006 (71 FR 53756), we changed the LPN to 11, reflecting a species with 
threats that were considered moderate to low in magnitude and 
nonimminent. The LPN for P. basaltica remained at 11 in 2007 (72 FR 
69034), 2008 (73 FR 75176), 2009 (74 FR 57804), 2010 (75 FR 69222), 
2011 (76 FR 66370), and 2012 (77 FR 69993).
    Potentilla basaltica is a low-growing, perennial forb in the Rose 
family (Rosaceae) that forms a basal rosette with low-growing stems and 
small, yellow flowers. This species has a limited geographic range and 
is known to occur on approximately 22.7 acres (ac) (9.2 hectares (ha)) 
of habitat at Soldier Meadow in Humboldt County, Nevada, and Ash Valley 
in Lassen County, California (Service 2013x, p. x). Habitat conditions 
occupied by the species differ between these two locations. At Soldier 
Meadow, P. basaltica occurs in or near alkali meadows, seeps, and marsh 
habitats bordering perennial thermal springs, outflows, and meadow 
depressions, while in Ash Valley, P. basaltica occurs between the 
floodplain of Ash Creek and the sagebrush steppe (Service 2013x, p. x). 
At these two locations, P. basaltica is known from a total of three 
populations (two in Soldier Meadow and one in Ash Valley), each of 
which is located primarily on public lands managed by the Bureau of 
Land Management (BLM; 95 percent). The only available estimates of 
abundance suggest a combined total of between 75,950 and 133,614 
individual plants across all three populations, with most of these 
individuals occurring at the two populations in Soldier Meadow in 
Nevada (74,950 to 132,000 individuals) (Service 2013a, p. 10).
    Impacts to Potentilla basaltica and its habitat identified at the 
time it was determined to be a candidate species in 2002--recreational 
use, livestock grazing, roads and off-highway vehicle (OHV) activity, 
geothermal exploration, and nonnative, invasive plant species--have 
been substantially reduced since 2002. The BLM implemented several 
measures that have been effective in reducing recreational use impacts 
to P. basaltica in Soldier Meadow: Establishing a designated, 
centralized campground, which discourages dispersed camping in wet 
meadow habitats where P. basaltica occurs; designating walkways away 
from P. basaltica habitat; installing interpretive signs informing 
recreationists about the sensitive plant and animal species found in 
the wetland and thermal spring habitats of Soldier Meadow; and use of a 
campground host in Soldier Meadow who interacts with visitors informing 
them of designated camping and bathing areas and providing education 
about the sensitive plant and animal species present in the area 
(Service 2013a, p. 18).
    Other impacts to Potentilla basaltica also have been greatly 
reduced since 2002. In 2004, the areas where P. basaltica occurred in 
Soldier Meadow were fenced to exclude domestic livestock, wild horses, 
and other large ungulates; this initiative significantly reduced 
livestock grazing impacts to the species (Service 2013a, p. 20). In 
2004, the BLM also closed roads (authorized and unauthorized) in 
Soldier Meadow that led to spring, riparian, and wetland areas and 
limited OHV use to designated roads and trails (Service 2013a, p. 15). 
These closures and OHV restrictions remain in place today and have 
effectively reduced impacts to P. basaltica from roads and OHVs. Within 
Soldier Meadow, BLM personnel coordinate efforts to detect and rapidly 
respond to nonnative, invasive plant species using chemical control and 
other treatment methods (Service 2013a, pp. 19-20). Geothermal 
exploration occurred in the Soldier Meadow area during the 1970s. 
Portions of Soldier Meadow P. basaltica population areas were protected 
from exploration and development activities in 1982 when the BLM 
designated the area as an Area of Critical Environmental Concern 
(ACEC). In 2003, the BLM expanded the existing Soldier Meadow ACEC to 
provide additional protection for the desert dace (Eremichthys acros), 
which was listed as threatened under the Act in 1985, as well as to 
provide additional protection for P. basaltica (USFWS 1997, p. 22). The 
Soldier Meadow ACEC is also designated as a BLM Research Natural Area.
    The Ash Valley, California, population, which occurs on a much 
smaller area and contains many fewer plants than the Soldier Meadow 
populations (Service 2013a, p. 10), is located in part on BLM lands 
designated as a Research Natural Area and ACEC and in part on private 
lands (Service 2013a, pp. 10-11). These BLM lands have been withdrawn 
from mining activity and are excluded from timber management and 
woodcutting activity (Service 2013a, p. 18). In 2008, the BLM issued a 
Record of Decision on the Alturas Resource Area Management Plan (RMP) 
and Final Environmental Impact Statement (BLM 2008a, pp. A-1-A-10). The 
RMP identified the need for establishing a long-term monitoring plot 
for Potentilla basaltica and limiting OHV travel to designated routes 
within the Ash Valley ACEC and Research Natural Area (BLM 2007, p. 2-
105). And, if monitoring data suggested a decline in numbers or 
reproductive viability of P. basaltica, fencing would be constructed to 
exclude livestock grazing (BLM 2007, p. 2-106). The RMP also proposed 
the acquisition of private lands supporting unprotected populations of 
special status plants, including P. basaltica (BLM 2008a, p. 13).
    In addition to evaluation of the threats identified at the time 
Potentilla basaltica was determined to be a candidate species, we also 
evaluated potential impacts of climate change on the species. Although 
climate change is likely to affect ecosystem function in Soldier Meadow 
and Ash Valley where P. basaltica occurs, we conclude that because of 
uncertainty about specific effects of climate change on P. basaltica, 
the best available scientific and commercial information does not 
indicate at this time that effects of climate change are likely to 
threaten the continued existence of P. basaltica now or in the 
foreseeable future (Service 2013a, pp. 22-23).
    Potentilla basaltica is a BLM sensitive species (Service 2013a, p. 
2). The stated objective for BLM sensitive species is to initiate 
proactive conservation measures that reduce or eliminate threats to 
minimize the likelihood of and need for listing (BLM 2008a, 6840.02). 
Conservation, as it applies to BLM sensitive species, is defined as 
``the use of programs, plans, and management practices to reduce or 
eliminate threats affecting the status of the species, or improve the 
condition of the species' habitat on BLM-administered lands'' (BLM 
2008b, Glossary, p. 2).
    Potentilla basaltica is not State listed as endangered or 
threatened in either Nevada or California. However, in California, P. 
basaltica has a California Native Plant Society (CNPS) rank of 1B.3 
(not very threatened in California,

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with less than 20 percent of occurrences threatened and low degree and 
immediacy of threat or no current threats known) (CNPS 2013). Plants, 
like P. basaltica, with a CNPS 1.B rank must be fully considered during 
preparation of environmental documents relating to the California 
Environmental Quality Act (CEQA) (CNPS 2013).
    Based on our analysis of the five factors identified in section 
4(a)(1) of the Act, we conclude that the previously recognized impacts 
to Potentilla basaltica from present or threatened destruction, 
modification, or curtailment of its habitat or range (Factor A) 
(recreational use; OHV use; introduction of nonnative, invasive plant 
species; and trampling by livestock), do not rise to a level of 
significance such that the species is in danger of extinction now or in 
the foreseeable future. We evaluated additional potential impacts under 
the the five listing factors stated above. In that evaluation we found 
that potential impacts such as livestock grazing (Factors A and E), 
geothermal exploration (Factors A and E), herbivory (Factor B), disease 
(Factor C), and climate change (Factor A) to either be of no concern or 
insignificant concern at this time. Additionally, conservation measures 
and protection provided by BLM for species associated with thermal 
springs are benefiting P. basaltica, and we anticipate these 
conservation measures and protections to continue to benefit P. 
basaltica into the foreseeable future (in part due to other sensitive 
and federally listed species occurring in these areas). Thus, the 
existing regulatory mechanisms are adequate to protect the species from 
the potential impacts (Factor D). See the ``Factors Affecting the 
Species'' section of the Species Report (Service 2013a, pp. 17-24) for 
a thorough discussion of all potential and current threats.
    The best available information to assist us in assessing 
foreseeable future for Potentilla basaltica is the time period 
associated with management planning activities. Because the majority 
(95 percent) of P. basaltica occupied areas are on Federal lands that 
receive conservation protections resulting from Federal laws and the 
regulations and policies implementing those laws (i.e., Federal Land 
Policy Management Act, National Environmental Policy Act), we look to 
the historical timeframe for completing management plans and current 
planning efforts to assist us in defining foreseeable future. Based on 
this timeframe information, we estimate the foreseeable future to be at 
least 30 years (i.e., 2043) for this analysis. Therefore, we conclude 
that P. basaltica does not meet the definition of an endangered or 
threatened species and thus is no longer warranted for listing under 
the Act. With the publication of this notice, P. basaltica will be 
removed from the list of candidate species.

Proposed Threatened Species Status for Ivesia webberi

Previous Federal Actions

    We identified Ivesia webberi as a candidate in the June 13, 2002, 
Candidate Notice of Review (CNOR, 67 FR 40657). Ivesia webberi was 
included in all subsequent annual CNORs (69 FR 24875, May 4, 2004; 70 
FR 24869, May 11, 2005; 71 FR 53756, September 12, 2006; 72 FR 69033, 
December 6, 2007; 73 FR 75175, December 10, 2008; 74 FR 57803, November 
9, 2009; 75 FR 69221, November 10, 2010; and 76 FR 66370, October 26, 
2011; 77 FR 69993, November 21, 2012). On May 11, 2004, we received a 
petition to list a total of 225 plant and animal species from the list 
of candidate species, including I. webberi. Because we previously found 
the species was warranted for listing, no further action was taken on 
the petition. When it was first identified as a candidate in 2002 (67 
FR 40657), we assigned I. webberi a listing priority number (LPN) of 5, 
reflecting a species with threats that were considered high in 
magnitude but nonimminent; the LPN remained at 5 in all subsequent 
CNORs.

Background

    In this and the following section, we summarize from information on 
species status and potential threats that we evaluated in order to 
determine that Ivesia webberi meets the Act's definition of a 
threatened species (section 3(20)). A thorough review of information 
that we relied on in making this determination--including information 
on taxonomy, life history, ecology, population distribution and 
abundance, and threats--is presented in the Ivesia webberi (Webber's 
ivesia) Species Report (Service 2013b, entire; available at http://www.regulations.gov (in the Search box, enter FWS-R8-ES-2013-0079, 
which is the docket number for this rulemaking).
    Ivesia webberi is a low, spreading perennial forb in the Rose 
family (Rosaceae) with grayish-green foliage, dark-red, wiry stems, and 
headlike clusters of small, yellow flowers. This species occupies 
vernally moist, rocky, clay soils with an argillic horizon that shrink 
and swell upon drying and wetting in open to sparsely vegetated areas 
associated with an Artemisia arbuscula (low sagebrush)-perennial 
bunchgrass-forb community. The specialized soils are well developed, a 
process estimated to take 1,000 years. Limited seed dispersal and 
apparent limited recruitment further restrict the occupied range and 
distribution of I. webberi.
    Ivesia webberi is currently known to occupy a total of 
approximately 165 ac (66.8 ha) within five counties in California and 
Nevada along the transition zone between the eastern edge of the 
northern Sierra Nevada and the northwestern edge of the Great Basin 
(Service 2013b, p. 2). The species is known historically from a total 
of 17 populations, but 1 has been extirpated and a portion of another 
(1 of 4 subpopulations) is possibly extirpated. Of the remaining 16 
populations, the status of 4 is unknown, and we currently are uncertain 
whether the species still persists at these locations (Service 2013b, 
p. 2). For the remaining 10 populations where the species' status is 
better understood, 6 occur on areas that are less than 5 ac (2 ha) 
each. Reliable estimation of population sizes or trends in I. webberi 
is complicated because past population estimates have usually been 
obtained by different observers employing a variety of methodologies 
and varying levels of survey effort (Service 2013b, p. 2).

Summary of Biological Status and Threats

    Due to the restricted range, specialized habitat requirements, and 
limited recruitment and dispersal of Ivesia webberi, populations of 
this species are vulnerable to ongoing and future threats that affect 
both individual plants and their habitat. The primary threats to I. 
webberi are the additive and synergistic effects due to nonnative, 
invasive plant species and modified fire regime (Service 2013b, pp. 31-
32). Nonnative, invasive plant species, such as Bromus tectorum 
(cheatgrass), Poa bulbosa (bulbous bluegrass), and Taeniatherum caput-
medusae (medusahead), have become established and are part of the 
associated plant community at 12 of the 16 extant populations of I. 
webberi. Nonnative, invasive plant species negatively affect I. webberi 
through competition, displacement, and degradation of the quality and 
composition of the Artemisia arbuscula-perennial bunchgrass-forb 
community in which I. webberi occurs. In addition to these effects, 
these nonnative, invasive plant species, once established, contribute 
fuels that increase the frequency and likelihood of wildfire in I. 
webberi habitat.

[[Page 46893]]

    Wildfire was historically infrequent in the Great Basin because the 
native plant communities made up of annuals and perennial bunchgrasses 
did not provide sufficient fine fuels to carry large-scale wildfires. 
The bare spaces between widely spaced shrubs and the low fuel load of 
native annuals and perennial bunchgrasses generally prevented fire from 
spreading, so the fires that did burn were restricted to isolated 
patches. In Artemisia arbuscula communities, such as those that Ivesia 
webberi inhabits, the average fire return interval is greater than 100 
years, due to natural lower productivity and fuel accumulations 
(Service 2013b, p. 24). However, beginning in the late 1800s, the 
widespread invasion of nonnative plant species, particularly annual 
grasses, has created a bed of continuous fine fuels across the 
sagebrush landscape in many areas (Service 2013b, p. 24). This increase 
in fine fuels created by nonnative, invasive plants has resulted in 
more frequent fires that burn larger areas and often burn at higher 
intensities. Post-fire conditions further facilitate the invasion and 
establishment of nonnative, invasive plant species, thus creating a 
positive feedback loop between increased wildfire and the spread of 
these species (Service 2013b, p. 24). Ten of the 16 extant I. webberi 
populations have experienced wildfire since 1984 (Service 2013b, p. 
24). Because I. webberi did not evolve with frequent fire and does not 
possess adaptations that would help it persist in a frequent-fire fire 
regime, wildfires are expected to have adverse population-level impacts 
on the species. In addition, increased wildfire frequency within the 
species' range results in increased wildfire suppression activities, 
which also may adversely affect I. webberi populations (Service 2013b, 
pp. 22, 24-25).
    Other threats impacting Ivesia webberi populations include OHV use 
and roads, development, livestock grazing, and climate change (Service 
2013b, pp. 25-31). OHV impacts to I. webberi populations have increased 
during the past 20 years as population growth and associated 
development have increased (Bergstrom 2009, p. 22), especially in the 
Reno urban area where 6 of the 16 populations occur. Ten of 16 extant 
I. webberi populations are adjacent to or intersected by dirt roads and 
have been impacted to some degree by road development and OHV use 
(Service 2013b, pp. 25-26). Roads cause habitat loss and degradation 
and when vehicles drive off existing roads and trails they can crush 
plants, compact soils, and provide a means for nonnative, invasive 
plant species to invade otherwise remote, intact habitats. The U.S. 
Forest Service concluded that a 2006 travel management plan for Peavine 
Mountain would benefit rare plant species, including I. webberi; 
however, designated roads open to all vehicles continue to bisect I. 
webberi populations, and unauthorized OHV use remains high within I. 
webberi populations on Forest Service lands in the Reno urban area 
(Service 2013b, p. 26).
    Development, which results in direct mortality, habitat loss, 
degradation, and fragmentation, has resulted in the extirpation of one 
Ivesia webberi population and the loss of a portion of another 
population (Service 2013x, p. x). Residential or commercial development 
is ongoing or planned at each of the four Nevada populations located on 
private lands. In addition, construction of a 120-kV overhead 
transmission line may impact two I. webberi populations located on 
Forest Service lands (Service 2013b, p. 26). Livestock grazing has the 
potential to result in negative effects to I. webberi due to trampling 
and substrate disturbance, but this situation is dependent on factors 
such as stocking rate and season of use. Two I. webberi populations 
occur in areas that are currently grazed by cattle, and another seven 
populations occur within vacant grazing allotments that could be 
reopened to grazing to alleviate grazing pressures on nearby allotments 
(Service 2013b, p. 29).
    Climate change is likely to affect Ivesia webberi, although it is 
difficult to project specific effects. In the Great Basin, temperatures 
have risen 0.9 to 2.7[emsp14][deg]F (0.5 to 1.5 [deg]C) in the last 100 
years and are projected to warm another 3.8 to 10.3[emsp14][deg]F (2.1 
to 5.7 [deg]C) over the rest of the century (Service 2013b, p. 30). 
Under current climate change projections, we anticipate that future 
climatic conditions will favor the further spread of nonnative, 
invasive plants and increase the frequency, spatial extent, and 
severity of wildfires (Service 2013b, p. 30). Alteration of temperature 
and precipitation patterns as a result of climate change also may 
result in decreased survivorship of I. webberi by causing physiological 
stress, altering phenology, and reducing reproduction or seedling 
establishment.
    Because most of the habitat where the species is known to occur is 
located on Federal lands (69 percent of occupied habitat occurs on 
Forest Service lands, and 10 percent of occupied habitat occurs on BLM 
lands), Ivesia webberi receives some conservation protections resulting 
from Federal laws and the regulations and policies implementing those 
laws (e.g., the National Forest Management Act, Federal Land Policy 
Management Act, National Environmental Policy Act). Ivesia webberi 
receives special consideration on Federal lands because it is 
classified as a sensitive species by both the Forest Service and BLM 
(Service 2013b, pp. 3-4). The species also is classified as threatened 
with extinction and fully protected by the State of Nevada; removing or 
destroying I. webberi and other fully protected plants is prohibited 
except under special permit issued by the Nevada Division of Forestry 
(NDF 2013). Ivesia webberi is not listed as endangered or threatened 
under the California Endangered Species Act (CESA), but has a 
California Native Plant Society (CNPS) rare plant rank of 1B.1 
(seriously threatened in California with over 80 percent of occurrences 
threatened and high degree and immediacy of threat (CNPS 2013). Ivesia 
webberi and other plants with a CNPS 1B rank must be fully considered 
during preparation of environmental documents relating to the 
California Environmental Quality Act (CEQA) (CNPS 2013).
    The Forest Service drafted a rangewide conservation strategy for 
Ivesia webberi to guide conservation actions for the species on Forest 
Service lands (Service 2013b, pp. 21-22). The conservation strategy, 
which was signed in 2010, will result in long-term benefits to I. 
webberi populations located on Forest Service lands (Bergstrom 2009, 
pp. 1-46). However, we expect that the landscape-level threats of 
nonnative, invasive plants and increased wildfire will continue to 
adversely affect I. webberi populations across the species' range 
(Service 2013b, p. 22).

Determination

    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to Ivesia webberi. We considered the five factors identified in section 
4(a)(1) of the Act in determining whether I. webberi meets the Act's 
definition of an endangered species (section 3(6)) or threatened 
species (section 3(20)). We find that I. webberi is threatened by the 
present or threatened destruction, modification, or curtailment of its 
habitat or range (Factor A). Present or threatened destruction, 
modification, or curtailment of its habitat or range include habitat 
loss and degradation due to nonnative, invasive plants, modified fire 
regime (increased wildfire), OHV use and roads, development, livestock 
grazing, and

[[Page 46894]]

climate change. Of these, we consider the additive and synergistic 
effects of nonnative, invasive plants and increased wildfire to be the 
greatest threats to I. webberi.
    Nonnative, invasive plant species such as Bromus tectorum and 
Taeniatherum caput-medusae can outcompete and displace I. webberi and 
result in increased frequency, spatial extent, and severity of 
wildfires because of the increase in fine fuels they produce. Twelve of 
the 16 extant populations have already been invaded by nonnative, 
invasive plant species and 10 of the 16 extant populations have been 
impacted by wildfire since 1984. Because there are currently no 
feasible means for controlling the spread of widespread nonnative, 
invasive plant species such as B. tectorum and T. caput-medusae, we 
expect that wildfires will continue to impact I. webberi populations. 
Increased temperatures and altered precipitation patterns due to 
climate change are projected to lead to further increases in wildfire 
and nonnative, invasive plants. OHV use and roads, development, and 
livestock grazing are having impacts on certain I. webberi populations.
    We did not identify threats to Ivesia webberi due to 
overutilization for commercial, recreational, scientific, or 
educational purposes (Factor B); disease or predation (Factor C); or 
other natural or manmade factors affecting its continued existence 
(Factor E). Although regulatory mechanisms (Factor D) are in place that 
provide some protection to I. webberi and its habitat, these mechanisms 
do not completely alleviate all of the threats currently acting on the 
species.
    The Act defines an endangered species as any species that is ``in 
danger of extinction throughout all or a significant portion of its 
range'' and a threatened species as any species ``that is likely to 
become endangered throughout all or a significant portion of its range 
within the foreseeable future.'' Available population information for 
Ivesia webberi is not useful for determining trends because population 
estimates have been obtained by different observers employing a variety 
of means and levels of survey effort. Nonnative, invasive plant 
species, wildfire, and OHV activity are present impacts throughout the 
range of I. webberi and in some cases are found to be increasing for 
many years with data in particular related to increased recreational 
OHV activity over the past 20 years (Service 2013b, pp. 25-26) and 
increased wildfire and suppression activities over the past 30 years 
(Service 2013b, pp. 22, 24-25). Additionally, given current climate 
change projections, we anticipate that future climatic conditions will 
favor invasion by nonnative, invasive plant species, which will further 
contribute to increases in frequency, spatial extent, and severity of 
wildfires (Service 2013b, pp. 29-31). Based on the timeframe associated 
with the documented increased level of some threats over the past 30 
years and the effects of climate change projections on these threats, 
we estimate the foreseeable future to be at least 30 years (i.e., 
2043).
    We find that Ivesia webberi is not presently in danger of 
extinction throughout all of its range, but that it is likely to become 
endangered throughout all of its range in the foreseeable future. We 
find that I. webberi is not presently in danger of extinction because 
the species is characterized by multiple populations spread across 
northeastern California and northwestern Nevada and that, in total, 
these populations provide sufficient redundancy (multiple populations 
distributed across the landscape), resiliency (capacity for a species 
to recover from periodic disturbance), and representation (range of 
variation found in a species) such that I. webberi is not at immediate 
risk of extinction. However, because multiple threats (nonnative, 
invasive plants, increased wildfire, OHV use and roads, development, 
livestock grazing, and climate change) are impacting many of the I. 
webberi populations and because additive and synergistic effects due to 
nonnative, invasive plants, increased wildfire, and climate change are 
likely to continue and increase in the future, we find that I. webberi 
is likely to become an endangered species throughout all of its range 
in the foreseeable future. Therefore, on the basis of the best 
available scientific and commercial information, we propose listing I. 
webberi as a threatened species.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is endangered or threatened throughout all or a 
significant portion of its range.
Significant Portion of the Range
    Having determined that Ivesia webberi meets the Act's definition of 
a threatened species, we must next consider whether there are any 
significant portions of its range where I. webberi is presently in 
danger of extinction and thus meets the definition of an endangered 
species. In determining whether a species is endangered or threatened 
in a significant portion of its range, we first identify any portions 
of the range of the species that warrant further consideration. The 
range of a species can theoretically be divided into portions an 
infinite number of ways. However, analyzing portions of the range that 
are not reasonably likely to be both (1) significant and (2) endangered 
or threatened would serve no purpose. To identify only those portions 
that warrant further consideration, we determine whether substantial 
information indicates that: (1) The portions may be significant, and 
(2) the species may be in danger of extinction there or likely to 
become so within the foreseeable future. In practice, a key part of 
this analysis is whether the threats are geographically concentrated in 
some way. If the threats to the species are essentially uniform 
throughout its range, no portion is likely to warrant further 
consideration. Moreover, if any concentration of threats applies only 
to portions of the species' range that are not significant, such 
portions will not warrant further consideration.
    If we identify portions that warrant further consideration, we then 
determine whether the species is endangered or threatened in these 
portions of its range. Depending on the biology of the species, its 
range, and the threats it faces, the Service may address either the 
significance question or the status question first. Thus, if the 
Service considers significance first and determines that a portion of 
the range is not significant, the Service need not determine whether 
the species is endangered or threatened there. Likewise, if the Service 
considers status first and determines that the species is not 
endangered or threatened in a portion of its range, the Service need 
not determine if that portion is significant. However, if the Service 
determines that both a portion of the range of a species is significant 
and the species is endangered or threatened there, the Service will 
specify that portion of the range as endangered or threatened under 
section 4(c)(1) of the Act.
    The primary threats to Ivesia webberi occur throughout the species' 
range and are not restricted to or concentrated in any particular 
portion of that range. The primary threats of nonnative, invasive 
plants and increased wildfire are impacting I. webberi populations 
throughout the California and Nevada portions of the species' range. 
Climate change also is acting on I. webberi throughout the species' 
range. Thus, we conclude that threats impacting I. webberi are not 
concentrated in certain areas and, thus, there are no significant 
portions of its range where the species should be classified as an 
endangered species. Accordingly, our proposal to list I. webberi as a 
threatened species

[[Page 46895]]

applies throughout the species' entire range.

Available Conservation Measures Resulting From Listing

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness and 
conservation by Federal, State, Tribal, and local agencies, private 
organizations, and individuals. The Act provides direction for 
cooperation with the States and requires that recovery actions be 
carried out for all listed species. The protection required by Federal 
agencies and the prohibitions against certain activities are discussed, 
in part, below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Subsection 4(f) of the Act requires the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed and preparation of a draft and final 
recovery plan. The recovery outline guides the immediate implementation 
of urgent recovery actions and describes the process to be used to 
develop a recovery plan. Revisions of the plan may be done to address 
continuing or new threats to the species, as new substantive 
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five 
factors that control whether a species remains endangered or may be 
downlisted or delisted, and methods for monitoring recovery progress. 
Recovery plans also establish a framework for agencies to coordinate 
their recovery efforts and provide estimates of the cost of 
implementing recovery tasks. Recovery teams (composed of species 
experts, Federal and State agencies, nongovernmental organizations, and 
stakeholders) are often established to develop recovery plans. When 
completed, the recovery outline, draft recovery plan, and the final 
recovery plan will be available on our Web site (http://www.fws.gov/endangered), or from our Nevada Fish and Wildlife Office (see FOR 
FURTHER INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribal, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and Tribal lands.
    If Ivesia webberi is listed, funding for recovery actions will be 
available from a variety of sources, including Federal budgets, State 
programs, and cost share grants for non-Federal landowners, the 
academic community, and nongovernmental organizations. In addition, 
pursuant to section 6 of the Act, the States of California and Nevada 
would be eligible for Federal funds to implement management actions 
that promote the protection or recovery of I. webberi. Information on 
our grant programs that are available to aid species recovery can be 
found at: http://www.fws.gov/grants.
    Although Ivesia webberi is only proposed for listing under the Act 
at this time, please let us know if you are interested in participating 
in recovery efforts for this species. Additionally, we invite you to 
submit any new information on this species whenever it becomes 
available and any information you may have for recovery planning 
purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as an 
endangered or threatened species and with respect to its critical 
habitat, if any is 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 the Service on any action that is likely to jeopardize the 
continued existence of a species proposed for listing or result in 
destruction or adverse modification of proposed critical habitat. If a 
species is listed subsequently, 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 the 
species or destroy or adversely modify its critical habitat. If a 
Federal action may affect a listed species or its critical habitat, the 
responsible Federal agency must enter into consultation with the 
Service.
    Federal agency actions within Ivesia webberi's habitat that may 
require conference or consultation or both as described in the 
preceding paragraph include land management actions that could result 
in impacts to soil characteristics or seedbank viability, pollinators 
or their habitat, and associated native vegetation community, and any 
other landscape-altering activities on Federal lands, such as: 
Reauthorization of grazing permits by the BLM and the U.S. Forest 
Service, issuance of section 404 Clean Water Act (33 U.S.C. 1251 et 
seq.) permits by the U.S. Army Corps of Engineers, construction and 
management of gas pipeline and power line rights-of-way by the Federal 
Energy Regulatory Commission, and construction and maintenance of roads 
or highways by the Federal Highway Administration.
    Our policy, as published in the Federal Register on July 1, 1994 
(59 FR 34272), is to identify to the maximum extent practicable at the 
time a species is listed, those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a proposed 
listing on proposed and ongoing activities within the range of species 
proposed for listing. The Act and its implementing regulations set 
forth a series of general prohibitions and exceptions that apply to 
endangered and threatened plants. The prohibitions of section 9(a)(2) 
of the Act, codified at 50 CFR 17.61, apply to endangered plants. These 
prohibitions, in part, make it illegal for any person subject to the 
jurisdiction of the United States to import or export, transport in 
interstate or foreign commerce in the course of a commercial activity, 
sell or offer for sale in interstate or foreign commerce, or remove and 
reduce the species to possession from areas under Federal jurisdiction. 
These take prohibitions for endangered plant species are extended to 
threatened plant species under 50 CFR 17.71, except the take 
prohibitions do not extend to seeds of cultivated specimens, provided 
that a statement that the seeds are of ``cultivated origin'' 
accompanies the seeds or their container. Also, 50 CFR 17.71(b) 
authorizes Service and State

[[Page 46896]]

conservation agency employees to remove and reduce to possession from 
Federal lands those threatened plant species covered by cooperative 
agreements under section 6(c) of the Act.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered and threatened wildlife species under certain 
circumstances. Regulations governing permits are codified at 50 CFR 
17.62 for endangered plants, and at 17.72 for threatened plants. With 
regard to endangered plants, a permit must be issued for the following 
purposes: For scientific purposes or to enhance the propagation or 
survival of the species.
    Under section 4(d) of the ESA, the Secretary has discretion to 
issue such regulations as he deems necessary and advisable to provide 
for the conservation of threatened species. Our implementing 
regulations (50 CFR 17.71) for threatened plants generally incorporate 
the prohibitions of section 9 of the Act for endangered plants, except 
when a ``special rule'' promulgated pursuant to section 4(d) of the Act 
has been issued with respect to a particular threatened species. In 
such a case, the general prohibitions in 50 CFR 17.61 would not apply 
to that species, and instead, the special rule would define the 
specific take prohibitions and exceptions that would apply for that 
particular threatened species, which we consider necessary and 
advisable to conserve the species. The Secretary also has the 
discretion to prohibit by regulation with respect to a threatened 
species any act prohibited by section 9(a)(2) of the ESA. Exercising 
this discretion, which has been delegated to the Service by the 
Secretary, the Service has developed general prohibitions that are 
appropriate for most threatened species in 50 CFR 17.71 and exceptions 
to those prohibitions in 50 CFR 17.62. We are not proposing to 
promulgate a special section 4(d) rule, and as a result, all of the 
section 9 prohibitions, including the ``take'' prohibitions, will apply 
to the Ivesia webberi.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the U.S. Fish 
and Wildlife Service, Nevada Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).
    In addition to the take prohibitions that would be afforded to 
Ivesia webberi throughout its range in California and Nevada under 
section 9 of the Act, I. webberi is listed as threatened by the State 
of Nevada pursuant to Nevada Revised Statute (N.R.S.) 527.260-.300 and 
was added to the State list of fully protected species of native flora 
(Nevada Administrative Code 527.010) in 2004. Removing or destroying 
plants on the State's fully protected list is prohibited except under 
special permit issued by the Nevada Division of Forestry (N.R.S. 
527.270). Ivesia webberi is not listed by the State of California under 
the California Endangered Species Act (CESA), so removal or destruction 
of plants is not currently prohibited by State law in California. 
Ivesia webberi does have a California Native Plant Society rare plant 
rank of 1B.1 and must be fully considered during preparation of 
environmental documents relating to the California Environmental 
Quality Act (CEQA) (see Summary of Biological Status and Threats 
section).

Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

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 of 1995 (44 
U.S.C. 3501 et seq.). 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 (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be 
prepared in connection with listing a species as an endangered or 
threatened species under the Endangered Species Act. We published a 
notice outlining our reasons for this determination in the Federal 
Register on October 25, 1983 (48 FR 49244).

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 (Consultation and 
Coordination With Indian Tribal Governments), and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with 
tribes in developing programs for healthy ecosystems, to acknowledge 
that tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to tribes.

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at http://www.regulations.gov and upon request from the 
Nevada Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Service's Nevada Fish and Wildlife Office and Region 8 Regional 
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]

0
1. The authority citation for part 17 continues to read as follows:


[[Page 46897]]


    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245; unless 
otherwise noted.

0
2. Amend Sec.  17.12 paragraph (h), by adding an entry for ``Ivesia 
webberi (Webber's ivesia)'' to the List of Endangered and Threatened 
Plants in alphabetical order under ``Flowering 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
 
                                                                      * * * * * * *
Ivesia webberi...................  Webber's ivesia.....  U.S.A. (CA, NV)....  Rosaceae...........  T               ...........           NA           NA
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: July 23, 2013.

    Signed:
Stephen Guertin,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-18579 Filed 8-1-13; 8:45 am]
BILLING CODE 4310-55-P