99-20404. Endangered and Threatened Wildlife and Plants; Withdrawal of Proposed Rule To List the Plant Rumex orthoneurus (Chiricahua Dock) as Threatened  

  • [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
    
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    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
    
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    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.
    
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    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.
    
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    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. 
    Eds. Southwestern rare and endangered plants: proceedings of the 
    second conference. Gen Tech. Rep. RM-GTR-283. Fort Collins, CO.
    Coronado National Forest. 1993. Conservation strategy for Chiricahua 
    dock (Rumex orthoneurus). U.S. Department of Agriculture, Forest 
    Service. Tucson, Arizona. 24 pp.
    Dawson, J. E. 1979. A biosystematic study of Rumex in Canada and the 
    United States. Unpublished thesis. Carleton University.
    Friar, E., H. Nam, and D. Mount. 1994. Lilium parryi, Rumex 
    orthoneurus genetic study. University of Arizona, Tucson, Arizona. 
    16 pp.
    Mount, D. and B. Logan. 1993. Genetic analysis of Rumex orthoneurus 
    and Rumex occidentalis species by the RAPD marker technique. 
    University of Arizona, Tucson, Arizona. 15 pp.
    Phillips, A. M. III, L. T. Green III, and J. Mazzoni. 1980. 
    Amendment to the status report on Rumex orthoneurus. Unpublished 
    report to U.S. Department of Interior, Fish and Wildlife Service, 
    Albuquerque, NM. 15 pp.
    Tonto National Forest. 1993. A conservation assessment for Blumer's 
    dock (Rumex orthoneurus). Unpublished report. U.S. Department of 
    Agriculture, Forest Service, Phoenix, Arizona. 26 pp.
    
        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
    
    
    

Document Information

Published:
08/09/1999
Department:
Fish and Wildlife Service
Entry Type:
Proposed Rule
Action:
Proposed rule; withdrawal.
Document Number:
99-20404
Pages:
43132-43137 (6 pages)
RINs:
1018-AE89: Endangered and Threatened Species; Proposal To List as Endangered or Threatened Blumer's Dock
RIN Links:
https://www.federalregister.gov/regulations/1018-AE89/endangered-and-threatened-species-proposal-to-list-as-endangered-or-threatened-blumer-s-dock
PDF File:
99-20404.pdf
CFR: (1)
50 CFR 4321-4370a)