[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31054-31058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15571]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC71
Endangered and Threatened Wildlife and Plants; Reclassification
of Erigeron maguirei (Maguire daisy) From Endangered to Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The plant Erigeron maguirei (Maguire daisy), endemic to
sandstone canyons and mesas, is found in the San Rafael Swell in Emery
County, Utah, and Capitol Reef in Wayne County, Utah. In 1985, the Fish
and Wildlife Service (Service) listed Erigeron maguirei var. maguirei
as endangered under the Endangered Species Act of 1973 (Act) as
amended. Recent taxonomic studies document that populations formerly
recognized as E. maguirei var. maguirei and E. maguirei var. harrisonii
do not merit recognition as separate varieties, so that E. maguirei
should be recognized as a species without infra-specific taxa. The
studies concluded that the morphological differences previously used to
distinguish the two varieties were ecotypic and not genetically based.
The Service agreed with this taxonomic revision and on September 7,
1994 (59 FR 46219), published notice of its acceptance of this change
in taxonomic understanding. When the status of the entire species is
considered, a larger number of individuals is involved than had been
previously considered to comprise var. maguirei. The Service, however,
believes that E. maguirei's long-term survival is tenuous, since a
significant portion of its habitat is threatened by ongoing and
potential habitat alteration from mineral development, recreational
activities, and livestock trampling. The species exists in small,
reproductively isolated populations that are vulnerable to inbreeding
and the loss of genetic viability. Therefore, the Service finds that E.
maguirei is a threatened species as defined by the Act.
EFFECTIVE DATE: July 19, 1996.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the Utah
Field Office, U. S. Fish and Wildlife Service, Lincoln Plaza, Suite
404, 145 East 1300 South, Salt Lake City, Utah 84115.
FOR FURTHER INFORMATION CONTACT: John L. England, Botanist, at the
above address (telephone: 801/524-5001; facsimile: 801/524-5021).
SUPPLEMENTARY INFORMATION:
Background
The genus Erigeron (composite family, Asteraceae) includes about
200 species (Cronquist 1947, 1994). Most Erigeron species are found in
the Western Hemisphere, with the western United States as the center of
distribution. Erigeron maguirei is a perennial, herbaceous plant with
decumbent to sprawling or erect stems that are 7 to 18 centimeters (cm)
(2.7 to 7.1 inches (in)) high. The basal leaves are spatulate or
broadly oblanceolate, 2 to 5 cm (0.8 to 2.0 in) long and 6 to 9
millimeters (mm) (0.2 to 0.4 in) wide. The well-developed stem leaves
are sessile or short-petiolate, and are alternately arranged on the
stem. The leaves and stems are covered with abundant spreading hairs.
One to three flower heads are borne at the end of each stem. The floral
disc is 8 to 10 mm (0.3 to 0.4 in) wide; the involucre is 5 to 6.5 mm
(0.20 to 0.26 in) high. Each floral head has 15 to 20 white or pinkish-
white colored ligules (ray flowers) that are about 6 to 8 mm (0.2 to
0.3 in) long and 1.5 to 2 mm (0.06 to 0.08 in) wide. The disk flowers
are orange and about 3.5 to 3.8 mm (0.14 to 0.15 in) long. The seeds
are 2-nerved achenes (Cronquist 1947, 1994; Welsh 1983a, 1983b; Welsh
et al. 1987, 1993).
Erigeron maguirei was described by Cronquist (1947) from a specimen
collected in 1940 from Calf Canyon in the San Rafael Swell of Emery
County, Utah. Erigeron maguirei var. harrisonii was described by Welsh
(1983a) from a specimen he collected in 1982. However, this variety was
first discovered in 1936 at Hickman Natural Bridge in the Capitol Reef
of Wayne County, Utah. Welsh postulated that the morphological
differences between E. maguirei var. maguirei from San Rafael Swell and
E. maguirei var. harrisonii from Capitol Reef could represent ecotypic
variation (Welsh 1983a, 1983b; Welsh et al. 1987, 1993). Heil (1989)
reported both varieties from Capitol Reef and concluded that E.
maguirei var. harrisonii is an ecotypic shade variant of E. maguirei.
The Service funded genetic studies as part of its recovery activities
for E. maguirei var. maguirei to determine the phylogenetic
relationship of the two varieties. Through DNA analysis, Van Buren
(1993) documented that E. maguirei var. maguirei and E. maguirei var.
harrisonii are not taxonomically distinct, and that recognition at the
varietal level is not genetically warranted. The Service accepted Van
Buren's finding, and published a notice (59 FR 46219; September 7,
1994) of its recognition of E. maguirei as a species without infra-
specific taxa. In the recently published volume 5 of the Intermountain
Flora, Cronquist et al. (1994) included E. maguirei var. harrisonii in
synonymy under E. maguirei. The taxonomic treatment in the
Intermountain Flora further justifies the Service's acceptance of the
species without infra-specific taxa.
Recent status surveys of endangered, threatened, and other rare
plants in the San Rafael Swell (Kass 1990) and Capitol Reef (Heil 1989)
documented that about 3,000 individuals of E. maguirei occur at 12
sites. These 12 sites are reproductively isolated, forming separate
populations (R. Van Buren, Brigham Young University, pers. comm. 1994;
K. Heil, San Juan College, pers. comm. 1994). Even with this number of
individuals and populations, the species remains vulnerable to threats
such as the loss of habitat and genetic viability.
The small and isolated populations of Erigeron maguirei are
susceptible to natural and man-caused habitat
[[Page 31055]]
disturbances. In localized areas, the species has been adversely
affected by off-road vehicles and trampling by humans and livestock.
Mineral and energy exploration and development are potential threats to
the species. The demographic stability of the various populations is
not known at this time. Small and isolated populations often have a
high potential of becoming genetically homozygous, rendering them
vulnerable to the loss of genetic viability (R. Van Buren, pers. comm.
1994). Individually, natural factors such as disease, flash floods,
grazing by native species, erosion, and vegetative competition may not
pose a definitive threat to this species. However, due to low
population numbers, the cumulative effect of these threats could
jeopardize the continued existence of the species.
The Service sent the proposed rule to reclassify E. maguirei as
threatened and background information to four botanists for peer review
in order to substantiate the scientific basis of the Service's finding.
Three of the reviewers (Dr. Renee Van Buren and Kim Harper, Brigham
Young University, Provo, Utah, and Professor Kenneth Heil, San Juan
Community College, Farmington, New Mexico) reviewed the proposed rule
and status information and provided written comments on the proposed
action. They agreed with the Service's proposed action to recognize E.
maguirei as a species without infra-specific taxa and change its
classification from endangered to threatened. They also provided
additional information on the species' distribution, biological
threats, and phylogenetic relationships. The fourth reviewer did not
respond to the Service's request for peer review. The Service took the
peer review information into consideration when preparing this final
rulemaking.
Previous Federal Action
Federal action on this species began with section 12 of the Act,
which directed the Secretary of the Smithsonian Institution to prepare
a report on plants considered to be endangered, threatened, or extinct
in the United States. This report, designated as House Document No. 94-
51, was presented to Congress on January 9, 1975. On July 1, 1975, the
Service published a notice (40 FR 27823) that formally accepted the
Smithsonian report as a petition within the context of section 4(c)(2)
(now section 4(b)(3)) of the Act. By accepting this report as a
petition, the Service acknowledged its intention to review the status
of those plant taxa named in the report. Erigeron maguirei was included
in the Smithsonian report and in the July 1, 1975, Notice of Review. On
June 16, 1976, the Service published a proposed rule (41 FR 24523) to
determine approximately 1,700 vascular plant taxa, including Erigeron
maguirei, to be endangered pursuant to section 4 of the Act.
The 1978 amendments to the Act required that all proposals over 2
years old be withdrawn. On December 10, 1979, the Service published a
notice (44 FR 70796) withdrawing that portion of the June 16, 1976,
proposal which had not been finalized. The withdrawal notice included
E. maguirei. The revised notice of review for plants published on
December 15, 1980 (45 FR 82480), included E. maguirei as a candidate
species. Section 4(b)(3)(B) of the 1982 amendments to the Act requires
that the Secretary of the Interior make a finding on a petition within
1 year of its receipt. In addition, Section 2(b)(1) of the 1982
amendments to the Act required that all petitions pending as of October
13, 1982, be treated as if newly submitted on that date. Erigeron
maguirei was therefore treated as a new petition with October 13, 1983,
as the deadline for a petition finding. On October 13, 1983, the
Service made a 12-month finding that the petition to list the species
was warranted, but precluded by other listing actions of a higher
priority. On July 27, 1984, the Service published a rule proposing E.
maguirei var. maguirei as an endangered species (49 FR 30211). The
final rule designating the species as endangered was published on
September 5, 1985 (50 FR 36090).
On September 27, 1985, the Service published a notice of review for
plants (50 FR 39526) which included E. maguirei var. harrisonii as a
candidate species. Erigeron maguirei var. harrisonii remained a
candidate through the revised plant notice of review published on
September 30, 1993 (58 FR 51144).
Recent taxonomic studies and status surveys (Heil 1989; U.S. Fish
and Wildlife Service 1994; Van Buren 1993; R. Van Buren, pers. comm.
1993) indicate that E. maguirei var. maguirei and E. maguirei var.
harrisonii are not taxonomically distinct. Since var. harrisonii is no
longer recognized, it has been removed from candidate status. The
Service published a Federal Register notice (59 FR 46219; September 7,
1994) proposing to change the entry for E. maguirei var. maguirei to
one for E. maguirei, with the understanding that this would include the
plants formerly recognized as var. harrisonii. This notice also
proposed to reclassify the species from endangered to threatened.
The processing of this final reclassification follows the Service's
final listing priority guidance published in the Federal Register on
May 16, 1996 (61 FR 24722). The guidance clarifies the order in which
the Service will process rulemakings following two related events: 1)
the lifting, on April 26, 1996, of the moratorium on final listings
imposed on April 10, 1995 (Public Law 104-6), and 2) the restoration of
significant funding for listing through passage of the omnibus budget
reconciliation law on April 26, 1996, following severe funding
constraints imposed by a number of continuing resolutions between
November 1995 and April 1996. The guidance calls for prompt processing
of draft listings, including final downlistings, that were already in
the Service's Washington office and already approved by the field and
regional offices when the severe funding constraints were imposed in
early fiscal year 1996. A draft of this rule was approved the Service's
Denver Regional Director on August 9, 1995, and transmitted to the
Washington office, where processing was postponed in favor of other,
higher priority listing actions.
Summary of Comments and Recommendations
In the September 7, 1994, proposed rule, and through associated
notifications, all interested parties (appropriate Federal and State
agencies, county governments, scientific organizations, and private
individuals) were requested to submit information that might contribute
to the development of a final rule for Erigeron maguirei. Newspaper
notices were published in the Salt Lake Tribune and the Desert News on
October 6, 1994, and the Emery County Progress on October 11, 1994. The
Service received a total of five comments on the proposed rule. The
major issues raised by the commentors are addressed in the following
summary:
Issue 1: Recent inventories in the San Rafael Swell have increased
the known distribution of E. maguirei from 1 to 10 sites and from less
than 10 individuals to between 1,000 and 2,000 over a range of 50
kilometers (30 miles). A portion of the species' distribution is
located in the Sid's Mountain Wilderness Study Area. There are few
threats to the species because of the Wilderness Study Area's
inaccessibility.
Service Response: The expansion in the range and the discovery of
new populations are a primary reason for the Service's reclassification
of the species from endangered to threatened.
[[Page 31056]]
However, even with this increase in population size, the species
remains rare and is restricted to certain sites that are vulnerable to
habitat destruction. Several populations continue to be impacted by
human and livestock trampling, especially in wash bottoms. The long-
term protection of the species in the Sid's Mountain Wilderness Study
Area is uncertain, since the area has not been officially designated as
a wilderness area. Without such designation, the area could be opened
to various uses and development.
Issue 2: Given the uncertainty of world market conditions for
uranium, uranium mining is unlikely to occur in the species' habitat.
Over a period of time, existing claims will likely be abandoned.
Service Response: Uranium mining claim assessment work continues in
or near populations of E. maguirei. The Service is concerned that
mineral extraction could begin as soon as market conditions change and
thus pose a serious threat to the species. Mining activities and
associated surface disturbances could directly or indirectly destroy
plants or render the habitat unsuitable for the species.
Issue 3: The Service did not change the status of E. maguirei var.
harrisonii from category 2 to category 1 in the notice of review as a
consequence of Heil's (1989) report.
Service Response: Heil (1989) postulated that E. maguirei var.
harrisonii might not be taxonomically distinct at the varietal level.
Erigeron maguirei var. harrisonii remained a category 2 species until
the taxonomic issue was resolved. Once the Service determined that E.
maguirei var. maguirei and var. harrisonii were not taxonomically
distinct, var. harrisonii was removed from candidate status.
Issue 4: The Service's proposed rule identified five populations of
E. maguirei. Based on effective pollinator distances, at least 10
separate populations should be recognized.
Service Response: The Service grouped the species occurrences into
five population clusters for convenience of discussion in the proposed
rule. After reviewing the public comments and available information,
the Service made a revision in the rule and will use 12 populations as
a frame of reference for discussing the species' distribution. This is
more closely aligned with the populations recognized by the Bureau of
Land Management (BLM) and others.
Summary of Factors Affecting the Species
After a thorough review and consideration of all available
information, the Service has determined that Erigeron maguirei should
be reclassified from an endangered to a threatened species. Procedures
found at section 4(a)(1) of the Act and regulations implementing the
listing provisions of the Act (50 CFR 424) were followed. A species may
be determined to be threatened due to one or more of the five factors
described in section 4(a)(1). These factors and their application to
Erigeron maguirei Cronquist (Maguire daisy) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The habitat of Erigeron maguirei is threatened with modification or
destruction by off-road vehicle use and mining claim assessment work.
Off-road vehicle use is a potential threat to populations located in
accessible washes. Uranium ore deposits are known to occur within the
species' habitat. Annual assessment work on uranium claims and other
minerals is adversely impacting the species and its habitat (U.S. Fish
and Wildlife Service 1994). Any future development of these mineral
deposits or associated surface disturbances could be detrimental to the
species and its habitat. Additionally, human and livestock trampling
are known to adversely impact individual plants. Human foot traffic off
established trails in Capitol Reef National Park is affecting one
population (Heil 1989; K. Heil, pers. comm. 1994). Trampling from human
foot traffic is a potential threat to the species throughout its scenic
canyon habitat in the San Rafael Swell and Capitol Reef areas.
Livestock trampling has affected all populations, including those in
Capitol Reef National Park. Unlike most National Parks, Capitol Reef
National Park is not closed to livestock grazing. Livestock trampling
negatively impacts individuals of E. maguirei growing in accessible
wash bottoms. This results in the species being restricted to less
suitable habitat in the sandstone crevices of the adjoining slickrock
canyon walls.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
None known.
C. Disease or Predation
Under certain conditions, E. maguirei may be vulnerable to
livestock grazing. Concentrations of livestock in localized areas,
specifically wash bottoms that have limited vegetation, may result in
E. maguirei being grazed by livestock.
D. The Inadequacy of Existing Regulatory Mechanisms
Through management plans, the BLM and National Park Service (NPS)
have provided some protection for E. maguirei and its habitat in the
San Rafael Swell and Capitol Reef areas. It is believed that these
Federal agencies will continue to assist in the protection and recovery
of this plant as a threatened species.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
The small population size and restricted habitat of E. maguirei
make this plant vulnerable to natural or human-caused catastrophic
disturbances. Low population numbers, geographic separation, and
reproductive isolation may contribute to reduced genetic viability in
each of the individual populations. The accumulation and expression of
phenotypic lethal alleles in the gene pool is highly probable since
small inbreeding populations become increasingly homozygous over time
(R. Van Buren, pers. comm. 1993). It is not presently known whether
there are sufficient numbers of individuals to ensure the long-term
survival of the species (U.S. Fish and Wildlife Service 1994).
The Service has carefully assessed the best available scientific
and commercial information regarding past, present, and future threats
faced by this species. Based on this evaluation, the preferred action
is to list E. maguirei as a threatened species. Information gathered
from surveys and recovery efforts conducted by the Service, BLM, and
NPS have documented additional numbers of plants and indicated that
some populations are relatively secure and adequately protected (Kass
1990). Consequently, the Service finds that the present magnitude of
threats is significantly less than when E. maguirei var. maguirei was
first listed as endangered in 1985. The Service concludes that the
species no longer warrants listing as endangered under the Act.
Nevertheless, with less than 3,000 known individuals existing in only
12 populations, the long-term survival of E. maguirei continues to be
threatened by current and potential habitat disturbance from mining and
recreational activities and livestock trampling. Additionally, the
species' small, reproductively isolated populations may be subject to
long-term genetic impoverishment due to their restricted gene pools.
Therefore, the Service has determined that E. maguirei
[[Page 31057]]
should be listed as threatened without the designation of critical
habitat.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that to the
maximum extent prudent and determinable, the Secretary propose critical
habitat at the time a species is proposed for listing as endangered or
threatened. The Service finds that designation of critical habitat is
not prudent for E. maguirei. Designation of critical habitat would
entail publishing a detailed map and description of critical habitat in
the Federal Register, which could expose the species to threats of
vandalism.
Moreover, few additional benefits would be provided to the species
by designation of critical habitat since most of the small, isolated
populations are located on Federal lands. Any Federal action that would
impact the species' habitat would be addressed through the section 7
consultation process. Section 9(a)(2)(B) of the Act makes it unlawful
to remove and reduce to possession any listed plant from any area under
Federal jurisdiction. The NPS and BLM are aware of the occurrence of E.
maguirei on lands under their jurisdiction and of their legal
obligation to protect listed plants. Protection of the species' habitat
will be accomplished through the recovery process.
Effects of the Rule
This rule changes the status of Erigeron maguirei from endangered
to threatened and formally recognizes that this species is no longer in
imminent danger of extinction throughout a significant portion of its
range. Reclassification to threatened does not significantly alter the
protection afforded this species under the Act.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any listed species. The consultation and other
requirements of section 7 apply equally to endangered and threatened
species. Virtually all known populations of E. maguirei occur on lands
under the jurisdiction of the BLM or NPS. Those two agencies have been
involved in recovery and section 7 consultation activities for this
species since it was listed as endangered in 1985 and are likely to
remain involved. Recovery activities are not expected to diminish since
the primary objective of the recovery strategy is delisting of the
species. The final recovery plan will reflect information acquired
since the plan was drafted.
Certain prohibitions that apply to endangered plants do not apply
to plants listed as threatened. The removal and reduction to possession
of E. maguirei from areas under Federal jurisdiction continues to be
prohibited under section 9 of the Act and 50 CFR 17.71. However, the
malicious damage or destruction of endangered plants on areas under
Federal jurisdiction, and the removal, cutting, digging up or damage or
destruction of endangered species on any other area in knowing
violation of any State law or regulation or in the course of any
violation of a State criminal trespass law will no longer constitute a
violation of section 9. The import, export, and interstate and foreign
commerce prohibitions of section 9 continue to apply to E. maguirei.
Pursuant to section 10 of the Act and 50 CFR 17.72, permits may be
issued to carry out otherwise prohibited activities involving
threatened plants. Such permits are available for scientific purposes
and to enhance the propagation or survival of endangered and threatened
species. For threatened plants, permits also are available for
botanical or horticultural exhibition, educational purposes, or special
purposes consistent with the purposes and policy of the Act. Requests
for copies of the regulations regarding listed species and inquiries
about prohibitions and permits may be addressed to the Field Supervisor
of the Service's Salt Lake City Field Office (see ADDRESSES section).
This reclassification is not an irreversible commitment on the part
of the Service. Reclassifying E. maguirei to endangered would be
possible should changes occur in management, habitat, or other factors
that alter the present threats to the species' survival and recovery.
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the October 25, 1983 Federal Register (48 FR 49244).
References Cited
Cronquist, A. 1947. Revision of the North American species of Erigeron,
north of Mexico. Brittonia 6(2):1-302.
Cronquist, A. 1994. Volume 5, Asterales, intermountain flora; vascular
plants of the Intermountain West, U.S.A. The New York Botanical Garden,
Bronx, New York. 496 pp.
Heil, K.D. 1989. A vegetation study of Capitol Reef National Park--
endangered, threatened, rare, and other plants of concern at Capitol
Reef National Park. National Park Service, Torrey, Utah.
Kass, R.J. 1990. Final report--habitat inventory of threatened and
endangered and candidate plant species in the San Rafael Swell, Utah.
Bureau of Land Management, Salt Lake City, Utah. 87 pp.
U.S. Fish and Wildlife Service. 1994. Maguire daisy (Erigeron maguirei)
draft recovery plan. U.S. Fish and Wildlife Service, Salt Lake City,
Utah. 20 pp.
Van Buren, R. 1993. Randomly amplified polymorphic DNA and resolution
of classification problems in Erigeron (Asteraceae). Report prepared
for the U.S. Fish and Wildlife Service, Salt Lake City, Utah. 10 pp.
(Abstracted in the American Journal of Botany 81(6):197-198. 1994.)
Welsh, S.L. 1983a. A bouquet of daisies (Erigeron, Compositae). Great
Basin Naturalist 43(2):179-357.
Welsh, S.L. 1983b. Utah flora: Compositae (Asteraceae). Great Basin
Naturalist 43(2):365-368.
Welsh, S.L., N.D. Atwood, L.C. Higgins, and S. Goodrich. 1987. A Utah
flora. Great Basin Nat. Mem. 9:1-894.
Welsh, S.L., N.D. Atwood, S. Goodrich, and L.C. Higgins. 1993. A Utah
flora, second edition, revised. Brigham Young University Press, Provo,
Utah. 986 pp.
Author
The primary author of this final rule is John L. England (see
ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for Part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
[[Page 31058]]
Sec. 17.12 [Amended]
2. Section 17.12(h) is amended by removing the entry for Erigeron
maguirei var. maguirei and adding the following, in alphabetical order
under FLOWERING PLANTS, to the List of Endangered and Threatened Plants
to read as follows:
Sec. 17.12 Endangered and Threatened Plants.
* * * * *
(h) * * *
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Species
--------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Erigeron maguirei............. Maguire daisy....... U.S.A. (UT)......... Asteraceae.......... T 202,584 NA NA
* * * * * * *
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Dated: May 29, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-15571 Filed 6-18-96; 8:45 am]
BILLING CODE 4310-55-P
