[Federal Register Volume 64, Number 152 (Monday, August 9, 1999)]
[Proposed Rules]
[Pages 43132-43137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20404]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE89
Endangered and Threatened Wildlife and Plants; Withdrawal of
Proposed Rule To List the Plant Rumex orthoneurus (Chiricahua Dock) as
Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), withdraw the
proposed rule to list the plant Rumex orthoneurus (Chiricahua dock or
Blumer's dock) as a threatened species under the Endangered Species Act
of
[[Page 43133]]
1973, as amended (Act). We find that the available information does not
support the listing of this species as threatened. Although threats to
some populations of this plant may persist, these threats are not
sufficiently widespread to pose a significant risk to R. orthoneurus
within the foreseeable future. Recent genetic research and survey
efforts indicate that R. orthoneurus has a much larger distribution
than previously thought. We, therefore, find that R. orthoneurus does
not meet the definition of a threatened or endangered species.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the Arizona
Ecological Services Field Office, U.S. Fish and Wildlife Service, 2321
W. Royal Palm Rd., Suite 103, Phoenix, Arizona 85021.
FOR FURTHER INFORMATION CONTACT: Dave Harlow, Field Supervisor, Arizona
Ecological Services Field Office (see ADDRESSES section) (telephone
602-640-2720, ext. 244; facsimile 602-640-2730).
SUPPLEMENTARY INFORMATION:
Background
On April 1, 1998, we published in the Federal Register a proposed
rule to list Chiricahua dock Rumex orthoneurus as threatened (63 FR
15813). An herbaceous, robust perennial within the Polygonaceae family,
R. orthoneurus is known from the mountains of Arizona, New Mexico, and
Mexico. Plants grow to 1 meter (m) (3.3 feet (ft)) in height with
inflorescence stalks up to 2 m (6.6 ft) in height on more vigorous
specimens. The large oblong to oblong-lanceolate basal leaves are up to
50 centimeters (cm) (19.7 inches (in)) long, and 18 cm (7.1 in) wide.
Characteristics differentiating this plant from other members in its
genus include woody rhizomes (a rootlike horizontal stem, as opposed to
taproots) on mature plants which appear banded, the color of which can
vary (Robert Bellsey, University of Arizona, pers. comm. 1999); lateral
leaf veins almost perpendicular to the middle vein of the leaf (but
that are often at less than right angles); and a lack of callosities or
swellings on the valves or midribs of fruiting capsules (Dawson 1979,
Phillips et al. 1980, Coronado National Forest 1993).
Rumex orthoneurus occurs in moist, loamy soils within riparian and
wetland habitats, and in cienegas (desert wetlands), springs, and
streams. It is also known to occur in the drier headwaters of some
areas (Robert Bellsey, University of Arizona, pers. comm. 1999). R.
orthoneurus is found at elevations primarily between 2,000 and 3,500 m
(approximately 6.500-11,500 ft). While many sites are in open meadows
or along streams with open canopies, R. orthoneurus frequently occurs
in shaded forests. Surrounding habitats are generally mixed conifer
forest. The dominant species associated with R. orthoneurus include
sneeze weed (Helenium hoopesii), larkspur (Delphinium andesicola),
monkeyflower (Mimulus spp.) and various sedges (Carex spp.) (Phillips
et al. 1980).
Rumex orthoneurus is distributed in areas scattered throughout
Arizona and New Mexico, and is known to occur at two locations in the
State of Sonora, Mexico. In Arizona, the plant is present on the
Coronado, Apache-Sitgreaves, Coconino, and Tonto National Forests. On
the Coronado National Forest, R. orthoneurus occurs in the Chiricahua
and Huachuca mountains in Cochise County, and the Pinaleno Mountains in
Graham County. On the Apache-Sitgreaves National Forests, R.
orthoneurus is located in the White Mountains in Apache County and
along the north side of the Mogollon Rim in Coconino County. On the
Coconino National Forest, R. orthoneurus was recently found in the San
Francisco Peaks and Barbershop Canyon in Coconino County. On the Tonto
National Forest, R. orthoneurus occurs in the Sierra Ancha Mountains in
Gila County, and was introduced in the south drainage of the Mogollon
Rim (also in Gila County).
In New Mexico, Rumex orthoneurus is distributed on the Santa Fe,
Lincoln, Gila, and Carson National Forests. On the Santa Fe National
Forest, R. orthoneurus was recorded in Mora County, including the Pecos
Wilderness. R. orthoneurus was found in Catron and Grant counties on
the Gila National Forest, including the Gila Wilderness Area. Plants
are documented in numerous locations on the Carson National Forest, and
specimens were recently collected from the Lincoln National Forest.
Recent genetic work has clarified the distinction between Rumex
orthoneurus and the closely related species, R. occidentalis. Bellsey
(1998, in prep.) compared DNA among R. orthoneurus, R. occidentalis,
and R. obtusifolius (a species known to be distantly related to R.
orthoneurus) using the Random Amplified Polymorphic DNA (RAPD)
technique. Bellsey discovered that the presumed R. orthoneurus from
Arizona were significantly different from R. occidentalis, and that all
three species shared less than 15% of the RAPD markers. The genetic
analyses resulted in classification of the White and Gila mountains
populations as R. orthoneurus and not R. occidentalis, which they
resemble morphologically. Morphological characteristics of specimens
from the Carson and Lincoln National Forests now indicate that they are
R. orthoneurus and not R. occidentalis, (Robert Bellsey, University of
Arizona, pers. comm. 1999). However, genetic analysis has yet to be
performed on these plants.
Summary of Comments and Recommendations
In the proposed rule we requested all interested parties to submit
factual reports or information that might contribute to development of
a final rule. We also contacted all appropriate Federal agencies, State
agencies, county and city governments, scientific organizations, and
other interested parties and requested comments.
In accordance with our peer review policy published in the Federal
Register on July 1, 1994 (59 FR 34270), we solicited expert opinions of
three appropriate and independent specialists regarding the proposed
rule. We invited these peer reviewers to comment during the public
comment period upon the specific assumptions and conclusions regarding
the proposed listing. In response to our solicitation one reviewer
provided comments that we considered in the preparation of this notice.
We published newspaper notices inviting public comment in the
Silver City Daily Press (Silver City, NM) on April 7, 1998; the Arizona
Republic (Phoenix, AZ), Tucson Citizen (Tucson, AZ), and Arizona Daily
Star (Tucson, AZ) on April 9, 1998; and the White Mountain Independent
(Pinetop, AZ), Sierra Vista Herald (Sierra Vista, AZ), Albuquerque
Journal (Albuquerque, NM), Albuquerque Tribune (Albuquerque, NM), and
Santa Fe New Mexican (Sante Fe, NM), on April 10, 1998. The comment
period closed on July 30, 1998.
To provide for a requested public hearing, encourage participation
from the public in the species listing process, and to await the
submission of current species status information, we reopened and
extended the comment period from July 30, 1998 until October 1, 1998
(63 FR 40389; July 29, 1998). We also held informational meetings with
interested parties about the proposed rule in Silver City, NM on August
18, 1998.
We received 37 comments (e.g., letters, phone calls, facsimiles,
and oral testimony) from individuals or agency or group representatives
concerning the proposed rule to list Rumex
[[Page 43134]]
orthoneurus. Seven people provided comments supporting the proposed
listing of the species, 13 people opposed the proposed listing, and 17
people provided informational comments. Several commenters provided
additional information that we incorporated into this withdrawal, along
with other clarifications. We organized all opposing and technical
comments into five specific issues, and these along with our response
are summarized below.
Issue 1--Known Distribution of Rumex orthoneurus
Comment: Several commenters stated that listing is not warranted
because the plant has a much wider distribution than previously
thought.
Service Response: Our knowledge of Rumex orthoneurus distribution
has increased considerably since the proposed rule. At the time of the
proposed rule, although R. orthoneurus was thought to occur in New
Mexico and east-central Arizona, data from only 10 sites in
southeastern Arizona were available to evaluate the status of the
plant. We have since become aware of approximately 134 additional R.
orthoneurus locations (non-introduced), many of which contain high
numbers of plants with low levels of threats. See Factor A of ``Summary
of Factors Affecting the Species'' section for additional information.
Comment: Several commenters stated that Rumex orthoneurus inhabits
areas inaccessible to cattle, and thus is not exposed to threats from
grazing.
Service Response: Although it is true that Rumex orthoneurus is
located in some areas that are inaccessible to cattle, the plant is
also located in many areas where cattle roam freely. In those areas,
cattle grazing is documented to have substantial detrimental effects on
smaller populations of the plant. Despite this, the range of R.
orthoneurus is much larger than previously thought, and many
populations have low levels of threats.
Comment: One commenter suggested that listing is warranted because
the previous known range at the time of the proposed rule constitutes a
significant portion of the species' range.
Service Response: At the time of the proposed rule, site-specific
information was available for 10 Rumex orthoneurus locations. Although
we were aware that the species occurred in other areas, data were not
available for those sites. We have current information from
approximately 134 additional sites containing natural populations of R.
orthoneurus. The size of populations within these sites ranges from
just a few individuals to tens of thousands.
Site-specific information is available for four National Forests in
Arizona and three National Forests in New Mexico (excluding the Lincoln
National Forest). The plant is also known to occur in Mexico. Impacts
to the plant in southeast Arizona (the previously known sites)
continue, and these populations are important to the genetic variation
of the species. However, conservation strategies for most southeast
Arizona populations are already established and in place (See Factors A
and D of the ``Summary of Factors Affecting the Species'' section) and
threats within the balance of its range are not severe enough to
threaten the continued existence of the species. Changes in our
assessment of the level of threats to the plant are the result of new
information indicating a larger known distribution of the plant, higher
densities of populations, and diminished levels of overall threats
stemming from the discovery of new populations.
Issue 2--Adaptability and Resiliency of Rumex orthoneurus
Comment: Several commenters stated that physiological adaptations
such as asexual reproduction and dormancy during drought allow the
plant to survive disturbance and stochastic (randomly occurring
natural) events. Other commenters suggested that perceived declines in
plant abundance may not be real because plants that are not visible one
year may sometimes reappear in subsequent years.
Service Response: We recognize that Rumex orthoneurus may be
tolerant of certain disturbance events because of its physiological
adaptations. We are also aware that the plant has regenerated in areas
where it appeared to have been destroyed. However, threats such as
grazing, wildfire, water diversion, and recreation are known to cause
irreparable damage to R. orthoneurus and the riparian areas it
inhabits. These threats can cause stream-bank erosion, head-cutting
(streambed erosion that migrates upstream resulting in channel
destabilization and accelerated streambank erosion), and soil
compaction, all from which the plant has difficulty recovering despite
its physiological characteristics.
Water is a primary vector of seed dispersal for Rumex orthoneurus.
Thus, if the plant is extirpated from upstream reaches, there is a
lower probability that it can re-colonize those areas. Furthermore,
unabated grazing can reduce plants to 1-2 cm (less than 1 in.) in
height, when they are otherwise able to grow up to 1 m (3.3 ft) tall.
This prevents the plant from producing flowering stalks, which are
necessary for sexual reproduction and the mixing of genetic material
from unique individuals. The reduction of plant size also hampers the
plant's ability to generate vital nutrients from photosynthesis, as the
surface area of the plant is diminished by approximately two orders of
magnitude. If the plant is forced to remain in this retarded growth
form continuously, it may be destroyed. However, these threats,
although they are in certain locations significant, are not manifested
to a significant degree throughout the range of R. orthoneurus.
Consequently, we find that listing is not warranted at this time (see
Factor A of the ``Summary of Factors Affecting the Species'' section).
Issue 3--Fire as a Threat
Comments: Numerous commenters stated that fire is not a threat to
the plant, because fire can thin vegetation and allow Rumex orthoneurus
to colonize and grow in riparian areas where other woody plant species
are encroaching.
Service Response: Wildfires are detrimental to R. orthoneurus,
especially when they result in increased stream sedimentation and the
scouring of drainages. The resultant soil loss can translate into long
term, if not permanent, loss of habitat for R. orthoneurus. In the
Tonto National Forest, wildfire has caused the extirpation of two
introduced populations, and the potential for wildfire on National
Forest lands remains a threat to R. orthoneurus. Despite this, wildfire
is largely an isolated event, and for the vast majority of known R.
orthoneurus populations, there is no indication of it being a
significant threat.
Issue 4--Genetic Diversity of Populations
Comment: One commenter indicated that because Rumex orthoneurus
populations from each mountain range are unique genetically, that
maintaining these populations and their genetic diversity is important
to the overall health of the species.
Service Response: Because R. orthoneurus can reproduce asexually, a
population with many plants may actually be just a few individuals that
developed from rhizomes. Asexual reproduction in R. orthoneurus may
limit the level of diverse genetic information in some populations.
Thus, preserving populations from each mountain range is important in
[[Page 43135]]
maximizing the genetic variation available to the overall gene pool of
the species.
Summary of Factors Affecting the Species
We must consider five factors described in section 4(a)(1) of the
Act when determining whether to list a species. These factors, and
their application to our decision to withdraw the proposal to list
Chiricahua dock (Rumex orthoneurus Rech F.), are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range.
The proposed rule (63 FR 15813) identified livestock grazing,
recreation, water development and diversion, road construction and
maintenance, logging, mining and associated activities, and wildfire as
causing the loss and degradation of riparian and cienega habitat for
Rumex orthoneurus. In the proposed rule, we identified some populations
as extirpated because of these activities. It was believed that the
extirpation of some natural populations in the Chiricahua and Huachuca
mountains were possibly caused by water development and diversion,
grazing, and mining activities. Frequent road maintenance in the
Pinaleno Mountains was found to regularly impact one population. The
Tonto National Forest (1993) noted evidence of soil compaction and
unstable banks at the Workman Creek sites in the Sierra Ancha Mountains
caused by recreational activities. In the Coronado National Forest
(1993) Conservation Strategy for the Chiricahua Dock, the Forest
Service addressed the possible extirpation of the type locality (the
location where the plant was originally described) as a result of water
diversions. Hodges attributed impacts to R. orthoneurus at Hospital
Flat (Pinaleno Mountains) to trampling by recreationists and damming of
the creek (David Hodges, Southwest Center for Biological Diversity,
pers. comm. 1995).
At the time of the proposed rule, grazing was thought to impact
Rumex orthoneurus at the system, population, and individual plant
levels, as grazed populations often do not produce seeds. Also at the
time of the proposed rule, it was thought that continued grazing could
eventually preclude the plant's continued existence due to a lack of
seed production, compacted soils discouraging seedling establishment,
severe trampling of plants and underground rhizomes, and
destabilization of streambanks resulting in habitat loss. At the time
we prepared the proposed rule, the population at Ramsey Canyon in the
Huachuca Mountains was thought to be extirpated by grazing, which took
place in the early 1900s (Van Devender 1980). The species is now known
to occur in three different areas in upper Ramsey Canyon. The available
information at the time of the proposed rule, indicated that virtually
all reported occurrences of R. orthoneurus on the Apache-Sitgreaves
National Forests were adversely affected by grazing activities.
However, many newly discovered occurrences of R. orthoneurus on the
Apache-Sitgreaves National Forests are not being adversely affected by
livestock grazing, and because we have found many plant locations to be
free of grazing, we cannot conclude that impacts to R. orthoneurus are
occurring range-wide by this threat.
The proposed rule also cited Phillips et al. (1980), who reported a
proposed uranium mining and milling operation as a threat to the
Workman Creek population of Rumex orthoneurus in the Sierra Ancha
Mountains. Plans called for the construction of a campsite, and the
development of the bowl area of Carr Mountain (the watershed for the
site) into a uranium mill. Although the Workman Creek drainage remains
available for mineral entry, and mining continues to be a potential
threat in that area, logging and mining operations are not widely
documented as having adverse effects on R. orthoneurus populations.
Finally the proposed rule identified that wildfire in the Tonto
National Forest caused the extirpation of two introduced populations,
and the decline of a third. Although wildfire continues to be a threat
to some populations of the Chiricahua dock, its effects are localized.
While grazing, recreation, wildfire, and water diversions can
adversely affect the plant in some areas, recent genetic research (see
``Background'' section) and survey efforts indicate that Rumex
orthoneurus has a much larger distribution than previously thought, and
not all populations are imperiled by the above threats.
Our decision to propose Rumex orthoneurus as a threatened species
was based on the best scientific information available to us at the
time of the proposed rule, and consisted of information from only 10
sites in southeastern Arizona (most with only a few individuals). Rumex
orthoneurus is now known from approximately 144 sites in Arizona and
New Mexico, and at least two sites in the State of Sonora, Mexico,
within the forest reserve ``Sierra de los Ajos.'' Numbers of plants at
sites containing R. orthoneurus range from just a few to tens of
thousands of individuals. In Arizona, on the Coronado National Forest,
R. orthoneurus occurs at 12 sites as natural populations in the
Chiricahua, Pinaleno, and Huachuca mountains. There are four introduced
sites in the Chiricahua mountains, most of which are either stable or
increasing in number. Originally, plants from the White (AZ), Mogollon
(NM), and San Francisco (NM) mountains were thought to be R.
occidentalis. However, recent research indicates that plants in these
mountains are, in fact, R. orthoneurus (see ``Background'' section;
Mount and Logan 1993, Friar et al. 1994, Bellsey and Mount 1995,
Bellsey 1998, in prep.).
On the Apache-Sitgreaves National Forests, Rumex orthoneurus is
located in the White Mountains and along the north side of the Mogollon
Rim. A total of 67 sites, many with thousands of plants, are documented
thus far, and many areas have yet to be surveyed. Current genetic
information, has revealed that four sites in the San Francisco Peaks on
the Coconino National Forest currently support R. orthoneurus. A fifth
site was discovered in Barbershop Canyon (Coconino National Forest), a
site previously surveyed without R. orthoneurus detections (Barbara
Phillips, Coconino National Forest, pers. comm. 1999). Additional
locations are suspected to contain R. orthoneurus, but lack surveys.
Four sites containing natural populations of R. orthoneurus were found
on the Tonto National Forest in the Sierra Ancha Mountains and receive
some protection, and many other sites contain introduced populations in
the south drainage of the Mogollon Rim.
In New Mexico, the presence of Rumex orthoneurus is documented from
recent survey efforts (Bellsey, pers. comm. 1999) on the Carson, Santa
Fe, Lincoln, and Gila National Forests. On the Carson National Forest,
2 days of cursory surveys conducted from a vehicle found seven
locations containing R. orthoneurus. On the Santa Fe National Forest,
R. orthoneurus presence was recorded during approximately 4 days of
surveys for Arizona willow (Salix arizonica). This effort resulted in
the detection of 14 locations, many of which contain tens of thousands
of plants. At the time of the proposed rule, R. orthoneurus was thought
to be extinct on the Lincoln National Forest, but specimens were
recently collected whose morphological characteristics indicate the
plants are R. orthoneurus (Bellsey, pers. comm. 1999). The vast
majority of habitat on these forests still remain unsurveyed.
[[Page 43136]]
Surveys and genetic analysis of R. orthoneurus specimens indicate that
there are 34 sites containing natural populations on the Gila National
Forest.
In contrast to the proposed rule, we are now aware of so many sites
(many with low levels of threats), that despite the threats stated in
the proposed rule, we cannot conclude that Rumex orthoneurus is
threatened throughout all or a significant portion of its range.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Overutilization is not known to be a significant threat at the
present time.
C. Disease or Predation
The primary predation threat to Rumex orthoneurus is from livestock
or wild ungulate grazing due to its high palatability and occurrence in
wetland habitats attractive to herbivores. Permitted grazing occurs at
R. orthoneurus sites in the White Mountains on the Apache-Sitgreaves
National Forests and at sites on the Tonto National Forest. The Gila
Wilderness has not permitted grazing since 1952 (Paul Boucher, Gila
National Forest, pers. comm. 1997), and grazing by cattle has not
occurred since 1947 on R. orthoneurus sites in the Pinaleno Mountains
(Coronado National Forest 1993). Sites on the Coconino and the Apache-
Sitgreaves National Forests are affected by wild ungulates. There is
documentation of both cattle and elk grazing at R. orthoneurus sites in
the Carson and Santa Fe National Forests.
Despite the documented grazing on most of the forests where Rumex
orthoneurus is found, the plant is protected in many areas by
exclosures (barriers to exclude animals), by management efforts, or by
virtue of its location. At the time of the proposed rule, there was
reason to believe that grazing was a much more serious threat to R.
orthoneurus because known sites were fairly small, and the proportion
of sites affected was thought to be high. New information indicates
that there are numerous secure sites with hundreds, thousands, or tens
of thousands of plants. In some cases, sites are considered secure
because population sizes are large, and in others grazing is absent or
of little consequence (i.e., grazing periods are brief or there are few
ungulates). In addition to the information that many sites appear
secure, the proportion of affected sites decreased as we became aware
of more non-threatened sites. These positive developments for the
status of R. orthoneurus lead us to conclude that listing is no longer
warranted.
D. The Inadequacy of Existing Regulatory Mechanisms
Many Federal and State laws and regulations can protect Rumex
orthoneurus and its habitat. However, Federal and state agency
discretion allowed under these laws still permits adverse effects on
listed and rare species. Rumex orthoneurus is not included in either of
the three Appendices of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES), and it is unlikely
to require the trade protections of CITES.
The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.) and National Forest Management Act of 1976 (16 U.S.C. 1600 et
seq.) direct Federal agencies to prepare programmatic-level management
plans to guide long-term resource management decisions. Forest plans
generally include a commitment to maintain viable populations of all
native wildlife, fish and plant species within the Forest's
jurisdiction. However, such general commitments do not, in themselves,
preclude adverse effects to rare species by any National Forest.
The Coronado and Tonto National Forests developed assessments with
management strategies for Rumex orthoneurus in 1993. To date, cattle
grazing is somewhat limited on R. orthoneurus sites in both forests.
The Tonto National Forest has taken extensive measures to keep cattle
and recreation out of riparian areas inhabited by R. orthoneurus. The
Forest has closed roads where vehicles and hikers could impact the
plant, and they have moved gates to redirect traffic to areas not
occupied by R. orthoneurus. Although the Coronado National Forest has a
conservation strategy which has limited livestock grazing, some sites
are grazed by horses, and recreation is still a problem at many sites.
The Apache-Sitgreaves Forests are implementing a monitoring program in
1999 (John Bedell, Apache-Sitgreaves National Forest, in litt. 1999),
and the Carson National Forest has designated funds for additional
surveys in 1999 (Dick Braun, Carson National Forest, pers. comm. 1999).
Management strategies were not developed for sites at other National
Forests or the Ft. Huachuca Army Post.
The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
Sec. 4321-4370a) requires Federal agencies to consider the
environmental impacts of their actions. The NEPA requires Federal
agencies to describe a proposed action, consider alternatives, identify
and disclose potential environmental impacts of each alternative, and
involve the public in the decision-making process. It does not require
Federal agencies to select the alternative having the least significant
environmental impact. The NEPA does not prohibit a Federal action
agency from choosing an action that will adversely affect listed or
candidate species provided these effects were known and identified in a
NEPA document.
The wetland habitats supporting Rumex orthoneurus have a degree of
protection under section 404 of the Clean Water Act and under Federal
Executive Orders 11988 (Floodplain Management) and 11990 (Protection of
Wetlands). These authorities can only protect R. orthoneurus indirectly
and have not curtailed population decline, extirpation, or habitat
losses for R. orthoneurus in some locations.
Under the Lacey Act (16 U.S.C. 3371 et seq.), as amended in 1982,
it is unlawful for any person to import, export, sell, receive,
acquire, purchase, or engage in interstate or foreign commerce in any
species taken, possessed, or sold in violation of any law, treaty, or
regulation of the United States, any Tribal law, or any law or
regulation of any state. The Lacey Act can provide a degree of
protection to Rumex orthoneurus to the extent that the species is
protected by Arizona State law (described below).
The Arizona Native Plant Law (A.R.S. Chapter 7, Article 1) protects
Rumex orthoneurus as ``highly safeguarded.'' A permit from the Arizona
Department of Agriculture (ADA) must be obtained to legally collect
this species from public or private lands in Arizona. Permits may be
issued for scientific and educational purposes only. It is unlawful to
destroy, dig up, mutilate, collect, cut, harvest, or take any living
``highly safeguarded'' native plant from private, State, or Federal
land without a permit. However, private landowners and Federal and
State agencies may clear land and destroy habitat after giving the ADA
sufficient notice to allow plant salvage. Damage to plants and habitat
occur under the Arizona Native Plant Law.
Despite the potential inadequacies in existing regulatory
mechanisms, we find insufficient evidence that the existing levels of
threats to Rumex orthoneurus warrant its listing as a threatened or
endangered species under the Act. In light of the expanded numbers and
distribution of R. orthoneurus, the potential inadequacies of these
regulatory mechanisms is no longer a significant factor.
[[Page 43137]]
E. Other Natural or Manmade Factors Affecting Its Continued Existence
At the time of the proposed rule, a high proportion of known Rumex
orthoneurus populations occurred as small sites in isolated mountain
ranges. Rumex orthoneurus was thought to be vulnerable to chance
extirpations because of the perceived low numbers of individuals in
mostly scattered, isolated populations.
Any loss of such sites would have resulted in a significant
curtailment of the species' range, and may have affected the species'
ability to sustain itself over time. Wildfire was also thought to pose
a significant threat, as it could be catastrophic to smaller, confined
populations.
We now know that Rumex orthoneurus is well distributed in areas of
Arizona and New Mexico. Many sites where R. orthoneurus is found
contain thousands of plants. The present distribution and abundance of
R. orthoneurus precludes a finding that listing the plant is warranted
because chance, localized extirpations would not necessarily result in
a significant curtailment of the species' range. Additionally, although
wildfire can be detrimental to localized populations, wildfire is
largely an isolated event. For the vast majority of known R.
orthoneurus populations, there is no indication that wildfire is a
significant threat. We find no indication of any other natural or
manmade factors affecting the continued existence of R. orthoneurus.
Finding and Withdrawal
Based on our review and consideration of the best scientific and
commercial information available, we find that Rumex orthoneurus does
not meet the definition of a threatened or endangered species and that
its listing as a threatened species is not warranted. Recent genetic
research (see Background section) and survey efforts indicate that R.
orthoneurus has a much larger distribution than previously thought (see
Factor A of the ``Summary of Factors Affecting the Species'' section),
and not all populations are imperiled. Although mining and logging
activities are suspected of affecting R. orthoneurus, the impacts of
such activities are not widely documented, and wildfire is localized in
its impacts on the plant. We can no longer conclude that R. orthoneurus
is impacted throughout its range by the remaining threats of livestock
and wildlife grazing in a manner that would threaten its continued
existence.
Recognizing the need to ensure the continued existence of Rumex
orthoneurus, the Forest Service established numerous monitoring and
survey programs. Conservation strategies for the Tonto and Coronado
National Forests were in place in 1993. In 1999, the Apache-Sitgreaves
National Forests initiated a monitoring program (John Bedell, Apache-
Sitgreaves National Forests, in litt. 1999), and the Carson National
Forest has budgeted for additional survey efforts (Dick Braun, Carson
National Forest, pers. comm. 1999). Due to the current distribution and
associated level of threats to R. orthoneurus, we find that there is
not substantial evidence to indicate that R. orthoneurus is threatened
under the Act (likely to become endangered within the foreseeable
future throughout all or a significant portion of its range).
References Cited
Bellsey, R. A. 1998. Summary of genetic work performed on Rumex
orthoneurus, the Chiricahua dock. Unpublished report to the National
Forest Service. 16 pp.
Bellsey, R. and D. Mount. 1995. Analysis of Rumex orthoneurus, a
rare species in Arizona, using RAPD markers and polymorphisms in
``rbcL''. In: Maschinski, J., D. H. Hammond, and L. Holter, tech.
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Author: The primary author of this withdrawal notice is Darrin
Thome, Arizona Ecological Services Field Office (see ADDRESSES
section).
Authority: The authority for this action is section
4(b)(6)(B)(ii) of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.).
Dated: July 28, 1999.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 99-20404 Filed 8-6-99; 8:45 am]
BILLING CODE 4310-55-P