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Federal Register / Vol. 72, No.

158 / Thursday, August 16, 2007 / Proposed Rules 46023

demand away from advanced occupant SUMMARY: We, the U.S. Fish and agricultural, or any other interested
detection systems, such as a DASS. Wildlife Service (Service), announce a parties concerning the status of A.
90-day finding on a petition to list anserinus. We are seeking information
V. Conclusion
Astragalus anserinus (Goose Creek milk- regarding the species’ historical and
The DASS option is intended to vetch) as threatened or endangered current status and distribution, its
provide manufacturers the flexibility of under the Endangered Species Act of biology and ecology, ongoing
deploying an air bag when such a 1973, as amended (Act). We find that conservation measures for the species
deployment would not be harmful and the petition presents substantial and its habitat, and threats to the
may be potentially beneficial, as scientific or commercial information species and its habitat.
opposed to suppressing the air bag or indicating that listing A. anserinus may We will base our 12-month finding on
relying on a low risk deployment. be warranted. Therefore, with the a review of the best scientific and
However, central to this idea is the publication of this notice, we are commercial information available,
availability of a test procedure that initiating a status review of the species, including all information received
accurately describes the ‘‘real world’’ and we will issue a 12-month finding to during the public comment period. If
conditions to delineate DASS determine if listing the species is you wish to provide comments, you
performance, regardless of the basic warranted. To ensure that the status may submit your comments and
technology used within the suppression review is comprehensive, we are materials concerning this finding to the
system. While there may be great soliciting information and data Field Supervisor, Snake River Fish and
potential benefits through use of regarding this species. Wildlife Office (see ADDRESSES). Please
occupant protection systems such as a DATES: The finding announced in this note that comments merely stating
DASS, there must also be robust and document was made on August 16, support or opposition to the actions
repeatable test protocols to assess such 2007. To be considered in the 12-month under consideration without providing
systems. The agency believes that the finding for this petition, data, supporting information, although noted,
Smart Vision proposed test procedure information, and comments must be will not be considered in making a
was simply not sufficient for the agency submitted to us by October 15, 2007. determination, as section 4(b)(1)(A) of
to expedite a rulemaking that would ADDRESSES: The complete supporting the Act directs that determinations as to
establish the benchmark for assessment file for this finding is available for whether any species is a threatened or
of future DASSs. public inspection, by appointment, endangered species shall be made
The agency continues to have interest during normal business hours at the ‘‘solely on the basis of the best scientific
in obtaining test data that would Snake River Fish and Wildlife Office, and commercial data available.’’ At the
support development of a test procedure U.S. Fish and Wildlife Service, 1387 S. conclusion of the status review, we will
to assess DASSs. We welcome Vinnell Way, Room 368, Boise, ID issue the 12-month finding on the
developers of DASS safety systems to 83709. Please submit any new petition, as provided in section
approach the agency with proposals for information, materials, comments, or 4(b)(3)(B) of the Act.
collaborative research for such test questions concerning this species or this Before including your address, phone
procedure development. Specifically, finding to the above address, or via number, e-mail address, or other
the agency is interested in research that personal identifying information in your
electronic mail (e-mail) at
would address the areas of concern comment, you should be aware that
fw1srbocomment@fws.gov.
expressed above. your entire comment—including your
In accordance with 49 CFR part 552, FOR FURTHER INFORMATION CONTACT: Jeff personal identifying information—may
this completes the agency’s review of Foss, Field Supervisor, Snake River Fish be made publicly available at any time.
the petition. and Wildlife Office (see ADDRESSES); by While you can ask us in your comment
telephone at 208–378–5243; or by to withhold your personal identifying
Authority: 49 U.S.C. 322, 30111, 30115, facsimile at 208–378–5262. Persons who
30117 and 30162; delegation of authority at information from public review, we
49 CFR 1.50.
use a telecommunications device for the cannot guarantee that we will be able to
deaf (TDD) may call the Federal do so.
Dated: August 10, 2007. Information Relay Service (FIRS) at
Stephen R. Kratzke, 800–877–8339. Please include Background
Associate Administrator for Rulemaking. ‘‘Astragalus anserinus scientific Section 4(b)(3)(A) of the Endangered
[FR Doc. E7–16139 Filed 8–15–07; 8:45 am] information’’ in the subject line for faxes Species Act of 1973, as amended (Act)
BILLING CODE 4910–59–P and e-mails. (16 U.S.C. 1531 et seq.), requires that we
SUPPLEMENTARY INFORMATION: make a finding on whether a petition to
list, delist, or reclassify a species
Public Information Solicited presents substantial scientific or
DEPARTMENT OF THE INTERIOR
When we make a finding that commercial information indicating that
Fish and Wildlife Service substantial information is presented to the petitioned action may be warranted.
indicate that listing a species may be We are to base this finding on
50 CFR Part 17 warranted, we are required to promptly information provided in the petition,
commence a review of the status of the supporting information submitted with
Endangered and Threatened Wildlife species. To ensure that the status review the petition, and information otherwise
and Plants; 90-Day Finding on a is complete and based on the best available in our files at the time we
Petition To List Astragalus anserinus available scientific and commercial make the determination. To the
(Goose Creek milk-vetch) as information, we are soliciting maximum extent practicable, we are to
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Threatened or Endangered information on Astragalus anserinus. make this finding within 90 days of our
AGENCY: Fish and Wildlife Service, We request any additional information, receipt of the petition and publish our
Interior. comments, and suggestions from the notice of the finding promptly in the
public, other concerned governmental Federal Register.
ACTION: Notice of 90-day petition
agencies, Native American Tribes, the Our standard for ‘‘substantial
finding and initiation of status review.
scientific community, industry, information’’ within the Code of Federal

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46024 Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules

Regulations (CFR) with regard to a 90- Species Information any widely separated EOs or
day petition finding is ‘‘that amount of Astragalus anserinus was first individuals. The petition also states that
information that would lead a collected in 1982 by Duane Atwood the EOs in Idaho experienced a 94.8
reasonable person to believe that the from a location in Box Elder County, percent decline in numbers between
measure proposed in the petition may Utah. The species was subsequently 1985 and 2001. This rate of decline was
be warranted’’ (50 CFR 424.14(b)). If we described in 1984 by Atwood and Welsh based on survey results from seven EOs
find that substantial information was (Baird and Tuhy 1991, p. 1). A. in Idaho that were sporadically
presented, we are required to promptly anserinus is a low-growing, matted, monitored between 1985 and 2001 by
commence a review of the status of the perennial forb in the pea or legume Mancuso (2001a). The petition
species. extrapolates this rate of decline across
family (Fabaceae), with grey hairy
the range of the species to estimate only
We base this finding on information leaves, pink-purple flowers, and
542 A. anserinus individuals remaining
provided by the petitioner that we brownish-red curved seed pods
as of 2001. Further extrapolation by the
determined to be reliable after reviewing (Mancuso and Moseley 1991, p. 4). The
petitioners suggests that there would
sources referenced in the petition and petitioners state that at least eight other
likely be approximately 28 plants
information available in our files at the Astragalus species may be found
remaining in 2011, for the 19 EOs
time of the petition review. We sympatric (i.e., coincident or in
identified in the petition.
evaluated that information in overlapping ranges of geographic The petition states that The Nature
accordance with 50 CFR 424.14(b). Our distribution) with A. anserinus, Conservancy ranked Astragalus
process for making this 90-day finding although five of the eight species are not anserinus as a G2 species, indicating it
under section 4(b)(3)(A) of the Act and mat-forming. This species is is ‘‘imperiled throughout its range
50 CFR 424.14(b) of our regulations is distinguished from the three other mat- because of rarity or because of other
limited to a determination of whether forming Astragalus species primarily by factors making it vulnerable to
the information in the petition meets the its smaller leaflets and flowers, as well extinction,’’ and is considered critically
‘‘substantial information’’ threshold. as the color and shape of the seed pods. imperiled in Idaho, Nevada, and Utah
Flowering typically occurs from late (Utah Division of Wildlife Resources
On February 3, 2004, we received a May to early June, and the species is
petition dated January 30, 2004, from (UDWR) 1998, p. 32; Nevada Natural
assumed to be insect-pollinated, but the Heritage Program (NNHP) 2001, p. 1;
Red Willow Research, Inc., and 25 other specific pollinator(s) is unknown (Baird Idaho Conservation Data Center (ID
concerned parties requesting that we and Tuhy 1991, p. 3). Mechanisms of CDC) 2006, p. 2).
emergency list Astragalus anserinus as seed dispersal are unknown (Baird and Based on information in our files,
threatened or endangered, and designate Tuhy 1991, p. 3). Astragalus anserinus was known prior
critical habitat concurrently with the Astragalus anserinus is endemic to to 2004 from 20 EO records (7 in Idaho,
listing. The other 25 concerned parties the Goose Creek drainage in Cassia 4 in Nevada, and 9 in Utah). Most
include the Prairie Falcon Audubon County, Idaho; Elko County, Nevada; known sites were on Federal land
Society Chapter Board, Western and Box Elder County, Utah. Most sites managed by the U.S. Bureau of Land
Watersheds Project, Utah Environmental are in an area encompassing Management (BLM) (USFWS 2006,
Congress, Sawtooth Group of the Sierra approximately 10 square miles (mi) (26 Table 1). In 2004 and 2005, we led a
Club, and 21 private citizens; hereafter, square kilometers (km)). An additional multiagency census and survey effort for
we refer to them collectively as the disjunct site is known outside the Goose A. anserinus in cooperation with BLM,
petitioners. The petition clearly Creek drainage, approximately 22 mi (35 the U.S. Forest Service (USFS), and the
identified itself as a petition and km) to the southwest in Nevada State natural resource agencies of Idaho,
included the requisite identification (USFWS 2006, p. 1). Rainfall in the Nevada, and Utah. Surveys typically
information as required in 50 CFR Goose Creek area averages less than 12 entailed scouting an area and estimating
424.14(a). The petition contains inches (30 centimeters) annually. The numbers of individuals. Census efforts,
information on the natural history of A. plant is generally confined to dry, ashy which involved counting every
anserinus, its population status, and (sometimes sandy), tuffaceous (volcanic individual, documented 3 additional A.
potential threats to the species. Potential ash and particulates) soils from the Salt anserinus sites in Idaho and 1 in Utah,
threats discussed in the petition include Lake Formation (Mancuso and Moseley for a total of 20 known EOs and 4 new
destruction and modification of habitat, 1991, p. 12). Element Occurrences (EOs) sites pending confirmation as EOs
disease and predation, inadequacy of (areas where a species is, or was, (USFWS 2006, Table 1). The census
existing regulatory mechanisms, and present (NatureServe 2002)) of A. efforts in 2004 and 2005 resulted in
other natural and manmade factors such anserinus have been documented at detections of 5,052 plants in Idaho,
as exotic and noxious weed invasions elevations ranging between 4,900 to 33,476 plants in Utah, and 4,930 plants
and road construction and maintenance. 5,480 feet (1,494 and 1,670 meters) in Nevada, totaling 43,458 plants
(Mancuso and Moseley 1991, p. 10). A. rangewide. State-specific information on
In a February 19, 2004, letter to the anserinus is frequently associated with the population status of A. anserinus is
petitioners, we responded that our other species that show a preference for described below.
initial review of the petition for ashy sites (Baird and Tuhy 1991, pp. 2–
Astragalus anserinus determined that an Idaho
3).
emergency listing was not warranted, According to the petition, seven
and that due to court orders and Population Status Astragalus anserinus EOs were
judicially approved settlement The petition states that there were 19 identified in Idaho in 2003, occurring
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agreements for other listing actions, we known EOs of Astragalus anserinus as primarily on BLM lands, with partial
would not be able to further address the of 2003, including 7 in Idaho, 8 in Utah, EOs occurring on private land. The
petition to list the species at that time. and 4 in Nevada. The petition states that petition states that one of the EOs in
However, funding has since become surveys conducted between the species’ Idaho declined between 1985 and 2001,
available to address this petition. As discovery in 1982 and 2003 did not from an estimated 2,635 plants to an
such, this finding addresses the petition. document new range extensions, nor estimated 136 plants. The petition

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Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules 46025

indicates that some discrepancy exists anserinus is not present in all areas from estimating trends for the species in
regarding the actual EO numbers in determined to be potential habitat Nevada (USFWS 2006, Table 1).
Idaho due to the survey techniques that during the 1991 surveys.
Information in our records indicates Threats Analysis
were employed. Estimates were not
obtained by actual counts, but by that prior to the 2004 and 2005 census Section 4 of the Act (16 U.S.C. 1533),
surveying representative areas and and survey efforts, there were nine and implementing regulations at 50 CFR
projecting numbers of plants observed known Astragalus anserinus EOs in part 424, set forth procedures for adding
across what appeared to be potential Utah. Eight of these EOs were species to the Federal Lists of
habitat. As such, the estimates may not documented by the Utah Natural Endangered and Threatened Wildlife
be reliable. Heritage Program (UNHP), and the other and Plants. A species may be
Information in our records indicate was documented by the NNHP database, determined to be an endangered or
that, prior to the 2004 and 2005 census but was not included in the UNHP threatened species due to one or more
efforts, there were seven EOs tracked by database (Mancuso and Moseley 1991, of the five factors described in section
the Idaho Conservation Data Center, and p. 2). In addition, at least one site that 4(a)(1) of the Act: (A) Present or
numbers of Astragalus anserinus at had not been submitted to the UNHP threatened destruction, modification, or
most sites were estimates. The first EO was known by the staff of BLM’s Salt curtailment of habitat or range; (B)
was documented in 1985, but systematic Lake City, Utah, Field Office. All 9 EOs overutilization for commercial,
or comprehensive surveys were not in Utah were surveyed either in 1990 or recreational, scientific, or educational
performed in Idaho until 1991 (Mancuso 1991, documenting an estimated 7,617 purposes; (C) disease or predation; (D)
and Moseley 1991, p. iii). In 1991, A. individuals in Utah (Baird and Tuhy inadequacy of existing regulatory
anserinus counts were estimated at over 1991, p. 2; NNHP 2001, p. 1). mechanisms; or (E) other natural or
914 individuals in Idaho (Mancuso and During the 2004 and 2005 census manmade factors affecting its continued
Moseley 1991, pp. 2, 13–14). efforts, six previously known Astragalus existence. In making this finding, we
During the 2004 census and survey anserinus EOs (although only partial evaluated whether threats to Astragalus
effort, the seven known Idaho EOs were counts were conducted at three of the anserinus presented in the petition and
revisited, and three new sites were six sites) and one new site were visited. other information available in our files
located. In total, 5,052 Astragalus We counted 33,476 individuals at these at the time of the petition review
anserinus individual plants were 7 sites (EOs). Two other EOs, previously reasonably indicate that listing the
counted during the census effort, 2,460 documented in Utah with the greatest species may be warranted. Our
of which occurred on the original 7 numbers of individuals, were not visited evaluation of these threats is presented
Idaho EOs (USFWS 2006, Table 1). during the 2004 and 2005 census efforts, below.
Census data indicate stable counts at due to difficulty of access and time
A. Present or Threatened Destruction,
four EOs, an increase in count numbers limitations of surveyors (USFWS 2006,
Modification, or Curtailment of the
at one EO (from 2003 surveys), and an Table 1). Census data indicate higher
Species’ Habitat or Range
unknown change at two EOs (complete count numbers of A. anserinus than
censuses were not possible at these sites previous estimates at five previously The petition states that Astragalus
because part of the EOs are on private known EOs. Due to different census and anserinus is endemic to the Goose Creek
land and access is restricted). Due to survey methodologies used prior to watershed in Idaho, Utah, and Nevada,
different census and survey 2004, and in the 2004 and 2005 efforts, and that based on survey information
methodologies between those used prior we are unable to estimate trends for the available in 2003, the plant occurred at
to 2004, and those used for the 2004 and species in Utah (USFWS 2006, Table 1). a total of 19 sites in Cassia County,
2005 efforts, we are unable to estimate Idaho; Box Elder County, Utah; and Elko
Nevada County, Nevada. The petition also states
trends for the species in Idaho (USFWS
2006, Table 1). According to the petition, one area that, based on the decline in estimated
with four loosely connected Astragalus plant numbers at one site in Idaho (a
Utah anserinus EOs had been identified in 94.8 percent decrease between 1985 and
According to the petition, eight Nevada by 2003. The petition states that 2001), the species was in danger of
Astragalus anserinus EO locations were approximately 800 plants were observed extinction throughout its range.
identified in Utah prior to 2003. These during surveys conducted in 1993, and There is little information available
EOs were located partially on BLM that no further surveys were conducted regarding the EO size, viability, or
lands and partially on State or private between 1993 and the time that the distribution of Astragalus anserinus
lands, and most were estimated to be petition was submitted in 2004. prior to 1989. Records prior to 2004 may
less than 1 acre (ac) (0.4 hectare (ha)) in Reference information from NNHP not accurately reflect the species’
size. The petition provides an estimate (2001, p. 1) includes documentation of historical distribution because they
of 7,000 plants from a 1990 survey surveys in Nevada in 1991 and 1992, were limited in scope, although they
(Baird and Tuhy 1991), and indicates during which 4 EOs were located and were collected in a systematic,
that a discrepancy exists regarding the numbers were estimated at 827 comprehensive manner with the goal of
actual numbers of individuals in Utah individuals. The 2004 and 2005 census determining species distribution and
due to the survey techniques that were efforts did not locate any new sites in abundance (Mancuso and Moseley 1991,
employed. Estimates were not obtained Nevada. There are currently four EOs in p. 2).
by actual counts, but by surveying Nevada, documented by the NNHP. Our survey records from 2004 and
representative areas and projecting During the 2004 and 2005 census 2005 indicate that Astragalus anserinus
numbers of plants observed across what efforts, all 4 EOs were visited, and 4,930 exists in 24 known EOs. Ten of the EOs
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appeared to be potential habitat. Thus, Astragalus anserinus individuals were are in Idaho, nine in Utah, and five in
they may not be reliable. The petition counted. Although census data indicate Nevada (USFWS 2006, Table 1). Most of
also states that the 1991 population increasing numbers at all EOs in these sites occur on BLM lands. The
counts may have been significantly Nevada, different census and survey Service, BLM, USFS, Idaho
overestimated because more recent methodologies used prior to 2004, and Conservation Data Center, NNHP, and
information has confirmed that A. for the 2004 and 2005 efforts, prevent us Utah Conservation Data Center (UCDC)

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46026 Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules

conducted survey and census activities habitat in Utah. The 2004 census report (2001b) on Idaho EOs to support
for the species in 2004 and 2005, and indicates that vegetation was trampled portions of this claim. The report stated
four new sites were identified (three in and consumed more heavily closer to that concerns for A. anserinus are
Idaho and one in Utah). Censuses the water tanks, and that areas within focused on the sharp decline in the
included counts of individual plants, approximately 150 feet (50 meters) of number of plants over the past decade
unlike the previous population surveys the tanks were completely denuded of and possible habitat degradation
cited in the petition. As a result, counts vegetation due to livestock use. The problems related to recent wildfires and
of individuals at known EOs were denuded area around one water tank ongoing livestock use impacts.
higher than previously documented for extended for 300 feet (100 meters). One report on Utah and Idaho
one EO in Idaho, five EOs in Utah, and Thirteen plants were located at that occurrences of Astragalus anserinus
three EOs in Nevada. No counts of location, but no data is available on (Mancuso and Moseley 1991, p. 22)
individuals at any known EOs whether the species was present in the identified indirect impacts from cattle
demonstrated a decline, and the number area prior to construction (USFWS 2006, grazing, such as trampling and trailing
of EOs has not decreased since 2003. p. 2). This was a newly discovered A. (moving cattle to, or between,
Overall, it appears that the petitioners’ anserinus site at an existing EO. We are allotments repeatedly on the same path),
claim of a decline in the number of unable to determine if plant numbers as primary existing threats to the
individuals in Idaho has not occurred, changed as a result of the water tank species. However, neither this report
and population declines have also not installation, because we do not have nor the petition provides specific
occurred at most of the EOs in Utah or pre-construction data. Approximately information on the magnitude or
Nevada. 450 feet (140 meters) away from this severity of livestock trampling and
same tank, another A. anserinus site disturbance threats in Idaho, Nevada, or
Livestock Grazing and Water Utah.
(within the same EO) occurs and is
Developments Multi-agency surveys conducted in
occupied by more than 850 plants. This
The petition cites ground-disturbing site is partially protected from livestock 2004 and 2005 failed to detect any
water developments, such as pipelines use due to its location on a steep bluff. evidence of livestock impacts to
and placement of water sources within A second water tank was constructed in Astragalus anserinus due to soil
EOs for the purposes of livestock 2005 on a large flat area. Based on consumption (USFWS 2006, p. 1).
management, as threats to Astragalus limited survey efforts, we estimate the Neither the petition nor the information
anserinus. The petition states that road nearest A. anserinus plants to be available in our files indicate that
and water pipeline construction approximately 1,600 feet (500 meters) livestock soil consumption presents a
occurred within extant A. anserinus EOs from this tank (USFWS 2006, p. 3). The threat to the species.
in Idaho in 2001 and 2002. The petition pipeline servicing this tank and another Public Land Management
also states that additional livestock- tank impacted the upper portion of this
related water construction projects were A. anserinus site. Areas disturbed by The petition indicates that changes in
planned in known EOs in both Utah and construction were seeded with land management in Cassia County,
Idaho in 2004, and that these activities nonnative forage species, and Idaho, would pose a threat to Astragalus
would likely result in loss of individual monitoring to detect the effects from anserinus EOs in that county. The
plants, reduction or loss of seed bank, this new water tank and pipeline is petition provides general information
permanent alteration of habitat, and underway. Currently, there are four about management proposals submitted
increased potential for additional exclosure cages, and plant monitoring to the Idaho Federal Lands Task Force
noxious and exotic weed introductions. will occur inside and outside the cages Working Group (Task Force) by the
The petition does not provide specific (Hardy 2005, p. 6; USFWS 2005a, p. 3). Twin Falls/Cassia Resource
information on the effects of the water In addition, BLM plans to construct a Enhancement Trust (Enhancement
pipeline that was constructed in Idaho livestock exclosure around 1 acre (0.4 Trust). The Task Force proposed that
during 2001 and 2002. A water tank on ha) of occupied habitat at this site, and public lands management be turned
BLM lands fed by this pipeline is undertake a census of A. anserinus over to State and private groups. The
located at least 3,000 feet (1,000 meters) within and adjacent to the exclosure petition states that the Enhancement
from Astragalus anserinus EOs and has (Hardy 2005, p. 6). Trust proposes significant alteration of
been in place for 12 years (USFWS Information in our records indicates habitat in Cassia County, Idaho,
2005b, p. 3). The pipeline to this tank that a pipeline was constructed in Utah including habitats that currently
(and an opening valve) is located above through two Astragalus anserinus EOs support the species. It also states that
ground within an A. anserinus EO. in 2004. BLM staff conducted site the Enhancement Trust may recommend
Plans are being made to remove the clearances in 2000, 2002, and in increasing the length of the grazing
water pipeline from the EO and bury it conjunction with the Service in 2004, season on Federal lands, which would
under the existing unimproved road at prior to pipeline construction. No A. be detrimental to A. anserinus EOs.
the site. An environmental assessment anserinus plants were found during the However, the petition does not provide
will be completed prior to initial 2000 survey, but plants were a citation or reference material for the
implementation of this activity (USFWS documented during the 2002 survey. Task Force information.
2005b, p.3), to identify and develop However, no plants were lost during The alterations in land management
appropriate measures to avoid or construction of the pipeline (USFWS identified in the petition have not
minimize adverse effects of this activity, 2005a, p. 3). occurred to date, and any change of
including potential effects to A. The petition indicates that livestock management is speculative at this point.
anserinus. cause impacts to Astragalus anserinus In addition, prior to occurring, Federal
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Based on information contained in through trampling, increased levels of agencies must follow a specific process
our files, the first water pipeline in disturbance, and consumption of ash to relinquish ownership and
Goose Creek (Goose Creek Pipeline soils in attempts to alleviate mineral management of public land, including
Number 1) was constructed in 1987 deficiencies resulting from their diet of compliance with the National
(Hardy 2005, p. 3), and supplies two low quality rangeland forage. The Environmental Policy Act (42 U.S.C.
water tanks within Astragalus anserinus petition cites a report by Mancuso 4321 et seq.) and other laws. The

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coordination with the Service that C. Disease or Predation D. Inadequacy of Existing Regulatory
would take place during that process Mechanisms
would provide an opportunity for us to The petition states that disease and
herbivory are potential threats to The petition states that State and
recommend conservation measures for Federal agencies have failed to conduct
Astragalus anserinus and other species Astragalus anserinus. Information cited
in the petition to support the claim that regular monitoring for Astragalus
of concern at that time. The petition anserinus throughout its range, and
does not provide evidence, nor is there disease is a potential threat to the
species is limited to an excerpt from have failed to protect it from numerous
any information in our files, that such direct and indirect impacts associated
a land transfer is imminent, or that the Baird and Tuhy (1991): ‘‘It is possible
that natural predation and disease have with livestock (i.e., water developments,
potential management change may be a trampling, and grazing) and invasive,
significant threat to A. anserinus. greater impacts on A. anserinus than
those caused by livestock.’’ non-native plants (see Factors A and E).
Summary of Factor A The petition provides general The petition also states that mechanisms
information about leguminous plants to regulate and control these various
The petition identifies potential activities have failed to prevent harm to
factors, including livestock grazing and and possible herbivory of foliage and
seeds, and indicates that natural A. anserinus habitat.
water development, and public land The petition also asserts that BLM has
management, as threats to Astragalus herbivory of Astragalus anserinus
failed to enforce the Idaho Standards
anserinus habitat that are causing a exists. The petition states that regional
and Guidelines (State-specific policies
decline in estimated plant numbers. We fires have reduced the amount of habitat
under which lands are to be managed to
find that the petition does not present adjacent to A. anserinus EOs, increasing
maintain rangeland health and
substantial scientific or commercial the likelihood of herbivory by
resources), and that the Nevada
information to indicate that livestock invertebrates and wildlife. Herbivory by
Standards and Guidelines are
trampling or water development exist at livestock is discussed as a potential
inadequate for the conservation of
levels that may threaten A. anserinus, threat to the species, with the
Astragalus anserinus. It further states
that livestock soil consumption or magnitude of threat depending in part
that BLM in Utah has not adequately
public land management revisions may on whether water developments occur
implemented the Utah Standards and
threaten the species, or that population within EOs. Water developments are
Guidelines. The petition explains that
declines exist in any of the EOs. present within some EOs; however, no
BLM has indicated its intent to approve
information presented in the petition, or
B. Overutilization for Commercial, and construct water developments in
available in our files, documents a
Recreational, Scientific, or Educational Utah without conducting site-specific
relationship to herbivory by livestock.
Purposes clearances, and refers to a project that
Livestock exclosure fencing is in place
would take place in a known occurrence
The petition indicates that any or planned for installation around A.
of A. anserinus. Finally, the petition
collection of Astragalus anserinus could anserinus occupied habitat in these
states that while the petitioners were
pose additional and substantial risk to EOs, reducing potential livestock
under contract to the USFS, none of
the species due to estimated low impacts.
their recommended management or
numbers of individuals (542 plants in The petition also states that herbivory conservation actions for this species
all 3 States as of 2001). However, no by introduced gallinaceous species (e.g., were ever implemented by the USFS or
collection efforts were documented, and quail, partridge, and turkey) is a the Idaho Conservation Data Center.
we are unaware of any efforts in the potential threat, and discusses general Information in our records confirms
planning stages. The petition states that distribution and diet information for that regular monitoring of Astragalus
past attempts to germinate seeds in the these species. However, the petition anserinus or its known EOs has not
lab were not successful, and that this provides no information on the historically been conducted. The Goose
makes the species additionally magnitude or extent of potential impacts Creek drainage is in a remote area not
vulnerable to any collection efforts. The of herbivory on Astralagus anserinus. easily accessed for monitoring; however,
petition cites a personal communication Information in our files indicates that coordinated, multi-agency efforts were
from Cheney (2000) on failed fungal infection and insect or rabbit conducted in 2004, 2005, and 2006, and
germination attempts, but does not herbivory occur in some of the known additional surveys and censuses are
provide a full citation or supporting Astragalus anserinus EOs (Glenne planned in the future (USFWS 2005a,
information. We are, therefore, unable to 2006). However, the documented fungus pp. 1 and 2; 2005b, pp. 1 and 2; 2006,
determine whether collection may be a and herbivory conditions were not pp. 7–9). The petition’s assertion that
risk factor for A. anserinus, based on prevalent throughout an entire EO, nor BLM is likely to approve and construct
information contained in the petition. throughout the range of A. anserinus. water developments without conducting
Further, we are not aware of any Accordingly, the magnitude of the threat site-specific clearances is not supported
information indicating that the from these factors appears to be low. We by the information in our files.
overutilization of A. anserinus for are not aware of any data indicating Our records indicate that BLM
commercial, recreational, scientific, or herbivory by livestock or introduced conducted site-specific clearances in
educational purposes may represent a wildlife may be a factor threatening this 2000 and 2002, prior to constructing the
significant threat to the species. species. Goose Creek Pipeline number 2 in Utah
Summary of Factor B Summary of Factor C (Hardy 2005, p. 5; USFWS 2005a, p. 3).
Our records also indicate that, as a
The petition identifies collection as a The petition identifies disease and result of the clearance procedure and
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threat to Astragalus anserinus. herbivory as threats to Astragalus implementation of recommendations


However, we find that the petition does anserinus. However, we find that the from the Service, there was no loss of
not present substantial scientific or petition does not present substantial Astragalus anserinus plants (Hardy
commercial information to indicate that scientific or commercial information to 2005, p. 5; USFWS 2005a, p. 3). Finally,
overutilization (collection) may threaten indicate that either of these factors may our records indicate that coordination
this species. threaten this species. among agencies on future development

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46028 Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules

projects, weed control efforts, and other unlikely that occurrences of A. surveys conducted in 2004 and 2005 did
conservation efforts is underway anserinus will expand, we are unaware not document the blading of fire lines or
(USFWS 2005b, p. 3; USFWS 2006, p. of any studies relating A. anserinus roads through A. anserinus EOs
6). colonization potential to soil nutrients. (USFWS 2006, pp. 4–5 and Table 1).
The species may be more tolerant of low The petition does not provide
Summary of Factor D
nutrient soils, which could be a factor information regarding the threat posed
The petition states that State and in its current distribution. Mancuso and by fires and firefighting tactics to A.
Federal agencies have failed to monitor Moseley (1991, p. 12) state that A. anserinus EOs in Utah and Nevada, and
and protect Astragalus anserinus. anserinus occurs in very low densities our files indicate that surveyors were
However, we find that the petition does in many locations, and is commonly unable to demonstrate a link between
not present substantial scientific or missing from similar-looking habitats fires and increased herbivory in 2004
commercial information indicating that near sites where it occurs. On balance, and 2005 (USFWS 2006, pp. 4–5, and
a lack of agency monitoring and the data do not appear to indicate that Table 1).
protection efforts may threaten the low germination success or low nutrient
species. Nonnative and Noxious Plants
levels in soils may be threats to this
species. The petition states that nonnative and
E. Other Natural or Manmade Factors
noxious plants are currently impacting
Affecting the Species’ Continued Native Pollinators or threatening Astragalus anserinus
Existence
The petition states that the potential EOs. It cites Mancuso and Moseley
The petition presents a number of loss or lack of native plant pollinators (1991) as having observed Euphorbia
other factors as having negative effects has been noted as a threat to the esula (leafy spurge) in the region in
on the continued existence of persistence of Astragalus anserinus. It 1991, but not in any A. anserinus EOs,
Astragalus anserinus, including natural indicates that pollinators are adversely and that E. esula was documented in
soil characteristics, failure of seeds to impacted by livestock through habitat four EOs and near two EOs in 2001
germinate, loss or lack of native degradation, loss of food sources, and (Mancuso 2001a).
pollinators, loss of genetic variability, trampling of ground nests, and that A. Information in our files corroborates
fires and firefighting tactics, exotic and anserinus reproduction is then reduced the petition’s claim that nonnative and
noxious weeds, road construction and by lack of pollination. Mancuso and noxious plants may be impacting
maintenance, range improvements, off- Mosely (1991, p. 24) cited a study by Astragalus anserinus EOs. Our records
road vehicle use, mining, and illegal Sugden (1985, p. 309) on the trampling indicate that during the 2004 and 2005
trash dumping. effects of sheep grazing on a rare milk- surveys and census efforts, Euphorbia
vetch in California with a life history esula was detected at or near 7 of the
Germination Failure and Natural Soil
similar to that of A. anserinus. This 10 sites in Idaho and 2 of the 10 sites
Characteristics
study was compared to discussion by in Utah (USFWS 2006, p. 4), in spite of
The petition states that an attempt to Mancuso and Mosely on livestock the fact that efforts to control E. esula
germinate seeds collected from effects to A. anserinus. However, the within the Goose Creek drainage have
Astragalus anserinus was unsuccessful. petition does not present documentation been underway for several years.
The petition cites a personal of loss or decline of native pollinators Control efforts for E. esula are
communication from Cheney (2000) for within A. anserinus habitat. increasing, but past efforts to control
the information on germination and this species in the Goose Creek drainage
translocation of the species, but does Loss of Genetic Variability have not halted its spread, and it has
not provide us with a full citation or The petition states that loss of genetic been found directly competing with
supporting documentation. It further variability was likely occurring because Astragalus anserinus at three sites
states that future seed collection, Astragalus anserinus plants are few in (USFWS 2006, p. 4). Based on the
laboratory germination, and number and the remaining individuals information provided in the petition
transplanting individuals back into are widely scattered. No supporting data and other information available in our
suitable habitat in the Goose Creek or information on whether genetic files, we have determined that
watershed do not represent a viable variability of A. anserinus is being lost Euphorbia esula competition may
option for the species’ recovery and is provided in the petition or its present a threat to A. anserinus, because
enhancement. Based on the failure to supporting materials. In addition, it often creates monocultures where
germinate seeds in a laboratory setting, interagency census efforts conducted in little or no other native vegetation
petitioners conducted soil tests at 2004 and 2005 resulted in detections of persists. Euphorbia esula displaces
occupied and potentially suitable but 43,458 A. anserinus plants rangewide other vegetation by shading, reducing
unoccupied sites. Soil test results (USFWS 2006, Table 1). water and nutrients available to other
indicated that all occupied sites plants, and produceing plant toxins that
contained low nutrient levels. The Fires and Firefighting prevent the growth of other plants
petition states that poor nutrient levels The petition cites Mancuso (2001b) as beneath it. In addition, because of its
at occupied sites make it unlikely that stating that fires have had an apparent persistent nature and ability to
A. anserinus EOs will expand within impact on Idaho EOs of Astragalus regenerate from small pieces of root, E.
known habitats, or colonize or anserinus. It states that fires can result esula is extremely difficult to eradicate.
recolonize unoccupied habitat. in additional herbivory of native plants The petition also states that Halogeton
The petition does not provide and accelerated weed invasions, and glomeratus (halogeton) was present
information on the techniques used that wildfires in 2000 resulted in within one EO, and Bromus tectorum
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during the attempted germination of blading of fire lines and roads (for (cheatgrass) was present in four Idaho
Astragalus anserinus, and we are unable firefighting) through occupied A. EOs in 2001, although these species
to assess whether appropriate dormancy anserinus habitat (Petition, p. 56). The were not documented at these locations
breaking techniques were employed. petitioners also provide one example of in 2000. Information from our 2004 and
Although the petition states that poor blading at a potential A. anserinus site 2005 surveys confirmed H. glomeratus
nutrient levels at occupied sites make it (Petition, p. 21). However, interagency near one Astragalus anserinus EO

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Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules 46029

(USFWS 2006, p. 4). It is presently magnitude, extent, or severity of these individuals, the magnitude and extent
undetermined whether the presence of threats. of these threats appear to be low at this
B. tectorum or H. glomeratus may Our records indicate that range time. We lack information on potential
present a threat to A. anserinus. management in the Goose Creek area or actual threats that mining activities
consists primarily of water development may present to A. anserinus.
Road Construction and Maintenance projects (see Pipeline and Water
The petition identifies loss of habitat Development and Livestock under Summary of Factor E
and loss of individual Astragalus Factor A above) and Agropyron The petition identifies numerous
anserinus plants resulting from road cristatum seedings. A. cristatum was potential factors, including seed
construction and maintenance as a documented at two Astragalus germination failure and native soil
concern, and cites the widening of the anserinus EOs in Idaho, one EO in characteristics, loss of native
Coal Banks road through an extant Nevada, and three EOs and a new site pollinators, loss of genetic variability,
Idaho occurrence in 2001 as an in Utah, during the 2004 and 2005 fires and firefighting tactics, nonnative
example. However, it does not provide census efforts (USFWS 2006, p. 5). A. and noxious plants, road construction
specific information on the threat of cristatum seedings are extensive within and maintenance, range management,
road construction and maintenance in A. anserinus habitat, especially in Utah. ORV use, mining, and illegal trash
other portions of A. anserinus’s range. The two species are typically spatially dumping, as threats to Astragalus
Information from our files, separated, with A. cristatum growing on anserinus. We find that the petition
specifically Mancuso and Moseley flatter areas and A. anserinus occurring along with information available in our
(1991, p. 22), indicates that some habitat on sloping areas (USFWS 2006, p. 5). files presents substantial scientific or
was likely destroyed during Maps obtained from BLM’s Salt Lake commercial information indicating that
construction of a network of secondary City Office indicate that A. cristatum competition with Euphorbia esula may
roads that cross much of the Goose was seeded directly on top of numerous present a threat to A. anserinus from
Creek Basin. During the 2004 and 2005 A. anserinus EOs; however, this could shading, reducing available water and
surveys, Astragalus anserinus was not be confirmed during field nutrients, and producing plant toxins
observed as generally occurring in loose observations. Since A. cristatum was that prevent the growth of other plants
soils, although a few plants were found seldom observed on steeper slopes beneath it. Because of its persistent
in areas with compacted soils (USFWS where A. anserinus is established, the nature and ability to regenerate from
2006, p. 1). However, field observations steep slopes may have been too difficult small pieces of root, E. esula is
suggest that A. anserinus is capable of to plant and were avoided for this extremely difficult to eradicate.
withstanding, and is possibly adapted reason (USFWS 2006, p. 5). However, based on the available
to, some level of natural disturbance, information, it is unclear whether the
because plants were found in washes Off-road Vehicle (ORV) Use, Mining, potential factors of seed germination
and on steep slopes where downward and Illegal Trash Dumping failure and native soil characteristics,
soil movement occurs (USFWS 2006, p. The petition discusses ORV use as a loss of native pollinators, loss of genetic
1). Astragalus anserinus was found on potential threat to Astragalus anserinus, variability, fires and firefighting tactics,
unimproved roads and livestock trail and cites DeBolt (1989) and Mancuso road construction and maintenance,
margins, but not in tire tracks or (2001b) as first describing ORV use as a range management, ORV use, mining,
livestock trails, presumably because threat to the species, because of rapidly and illegal trash dumping identified by
compaction is too great (USFWS 2006, increasing ORV use in Idaho, Nevada, the petition may threaten this species.
p. 1). Roads were observed in three A. and Utah. Neither a complete citation We will consider information related to
anserinus EOs in Idaho, two EOs in for the DeBolt reference nor supporting these factors during the status review.
Nevada, and one EO in Utah (USFWS documentation is provided in the
petition. The petition refers to illegal Finding
2006, Table 1). It is likely that road
construction and maintenance have an trash dumping as a potential threat to A. We have reviewed the petition and
adverse effect on A. anserinus through anserinus, and states that although literature cited in the petition, and
temporary loss of habitat or individuals, dumping is limited in scope, the evaluated the information determined to
and that some habitat is lost through potential impact is important to be reliable to make this finding. We also
road development; however it is unclear consider. It also discusses mining that reviewed reliable information that was
whether such adverse effects may historically occurred in and near readily available in our files to evaluate
threaten the species. occupied habitat, and states that if the reliability of information in the
mining efforts were to increase, they petition. The petition presents
Range Management could present substantial threats to the information that degradation of habitat
The petition identifies habitat loss species. The petition does not provide from invasive exotic species and
from range management as a negative information on the number of A. noxious plant species may have
impact to Astragalus anserinus. anserinus occurrences impacted or the contributed to habitat loss and
Petitioners state that Agropyron magnitude, extent, or severity of population declines. The information in
cristatum (crested wheatgrass), which is impacts from ORV use, trash dumping, our files supports the petition’s
seeded to establish forage for livestock or mining. statements regarding this threat to
and for erosion control, was growing Our records indicate that one ORV Astragalus anserinus. Survey
within occupied A. anserinus habitat, track was observed in the 2004 surveys information available in our files
resulting in habitat modifications that near an Astragalus anserinus EO, but corroborates that Euphorbia esula has
may preclude A. anserinus’s not within the EO itself (USFWS 2006, been documented at several EOs, and
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occupation. The petition also indicates Table 1). One trash dump was observed may represent a threat to A. anserinus,
that fencing and vegetation treatments, on private land near an A. anserinus EO based on A. anserinus’ difficulty in
such as chaining or controlled burns, in Utah during the 2004 surveys competing with this nonnative, invasive
may contribute to adverse habitat (USFWS 2006, p. 5). While ORV use and species (USFWS 2006 p. 4). Therefore,
modification. The petition does not illegal trash dumping occur in the range based on our review, we find that the
provide specific information on the of the species and may impact some petition presents substantial

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46030 Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules

information indicating that listing A. DEPARTMENT OF THE INTERIOR Mexico Ecological Services Field Office,
anserinus may be warranted. As such, 2105 Osuna NE., Albuquerque, NM
we are initiating a status review to Fish and Wildlife Service 87113.
determine whether listing A. anserinus 2. You may fax your comments to
under the Act is warranted. 50 CFR Part 17 Wally ‘‘J’’ Murphy, Field Supervisor,
New Mexico Ecological Services Field
We have also reviewed the available Endangered and Threatened Wildlife Office, at (505) 346–2542.
information to determine if the existing and Plants; Status of the Rio Grande 3. You may send comments by
and foreseeable threats pose an Cutthroat Trout electronic mail (e-mail) to
emergency to Astragalus anserinus. We R2FWE_AL@fws.gov.
AGENCY: Fish and Wildlife Service,
have determined that an emergency 4. You may go to the Federal
Interior.
listing is not warranted at this time, eRulemaking Portal: http://
ACTION: Status review; reopening of
based on the information provided in www.regulations.gov. Follow the
public comment period. instructions for submitting comments.
the petition and otherwise available in
our files. This determination is based on SUMMARY: We, the U.S. Fish and Comments and materials received, as
the fact that none of the threats, aside Wildlife Service (Service), announce the well as supporting documentation used
from a catastrophic fire, are capable of reopening of the public comment period in the preparation of the candidate
eliminating a substantial portion of the on our review of the Rio Grande status review, will be available for
species over the course of the next 2 or cutthroat trout (Oncorhynchus clarki public inspection, by appointment,
virginalis) to determine if candidate during normal business hours at the
3 years. Catastrophic and other natural
status is warranted. The Endangered New Mexico Ecological Services Field
wildfires are normally beyond
Species Act of 1973, as amended (Act), Office, at the street address above
management control and difficult to (telephone: (505) 346–2525).
predict, but the open ash, sparsely requires that we identify species of
wildlife and plants that are endangered FOR FURTHER INFORMATION CONTACT:
vegetated habitat sites where A. Wally ‘‘J’’ Murphy, Field Supervisor,
anserinus occurs rarely burn. All known or threatened, based on the best
available scientific and commercial New Mexico Ecological Services Field
sites of the population are assumed Office (see ADDRESSES) (telephone: (505)
extant, and a paucity of information information. Through the Federal
rulemaking process, we add these 346–2525; facsimile: (505) 346–2542).
makes it difficult to establish population Persons who use a telecommunications
trends. Based on the information species to the List of Endangered and
Threatened Wildlife at 50 CFR 17.11 or device for the deaf (TDD) may call the
contained in the petition and Federal Information Relay Service
the List of Endangered or Threatened
information provided through (FIRS) at (800) 877–8339.
Plants at 50 CFR 17.12. As part of this
discussions with knowledgeable program, we maintain a list of species SUPPLEMENTARY INFORMATION:
individuals, we do not believe that an that we regard as candidates for listing.
emergency listing of this species is Background
A candidate is one for which we have
warranted because while the plant’s on file sufficient information on For background information on the
current status range-wide is unclear or biological vulnerability and threats to events leading to our notice of intent to
unknown, there are no known range- support a proposal to list as endangered initiate a status review for the Rio
wide imminent threat(s). However, if at or threatened but for which preparation Grande cutthroat trout, refer to our
any time we determine that emergency and publication of a proposal is notice published in the Federal Register
listing of this species is warranted, we precluded by higher-priority listing on May 22, 2007 (72 FR 28664).
will seek to initiate an emergency actions. During or prior to April of 2008, Request for Information
listing. we will make a determination On May 22, 2007, we published a
concerning the results of the status notice of intent to initiate a candidate
References Cited
review for the Rio Grande cutthroat status review for the Rio Grande
A complete list of all references cited trout and, shortly thereafter, we will cutthroat trout (72 FR 28644). We
is available, upon request, from the publish this determination in the accepted public comments for inclusion
Snake River Fish and Wildlife Office Federal Register. in the status review for 45 days, ending
Comments previously submitted on July 6, 2007. In response to requests
(see ADDRESSES).
the status of the Rio Grande cutthroat from interested parties, we are
Author trout need not be resubmitted as they reopening the comment period for an
have been incorporated into the public additional 30 days (see DATES) to offer
The primary authors of this notice are record and will be fully considered in
staff members of the Snake River Fish all interested parties an opportunity to
preparation of the final revised status submit data and information for
and Wildlife Office (see ADDRESSES). review. inclusion in our status review for this
Authority DATES: We will accept comments and species.
information from all interested parties Our determination of candidate status
The authority for this action is the for our use in the status review and in for the Rio Grande cutthroat trout must
Endangered Species Act of 1973, as preparing a revised finding until be based upon the best available
amended (16 U.S.C. 1531 et seq.). September 17, 2007. scientific and commercial data, as
Dated: August 9, 2007. ADDRESSES: If you wish to comment, required under section 4(b)(1)(A) of the
you may submit your comments and Act (16 U.S.C. 1531 et seq.). We request
rwilkins on PROD1PC63 with PROPOSALS

H. Dale Hall,
materials by any of the following that you submit any information on the
Director, U.S. Fish and Wildlife Service. Rio Grande cutthroat trout not
methods:
[FR Doc. E7–16145 Filed 8–15–07; 8:45 am] 1. You may mail or hand-deliver your previously submitted for our review. We
BILLING CODE 4310–55–P written comments and information to are particularly interested in any
Wally ‘‘J’’ Murphy, Field Supervisor, relevant information gathered since June
U.S. Fish and Wildlife Service, New 2002 concerning the following:

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