Endangered and Threatened Wildlife and Plants; 90-Day Finding on A Petition to List Astragalus debequaeus (DeBeque milkvetch) as Threatened or Endangered

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: February 14, 2007 (Volume 72, Number 30)]
[Proposed Rules]
[Page 6998-7005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe07-25]

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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17

Endangered and Threatened Wildlife and Plants; 90-Day Finding on
A Petition to List Astragalus debequaeus (DeBeque milkvetch) as
Threatened or Endangered

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list Astragalus debequaeus (DeBeque
milkvetch) as threatened or endangered under the Endangered Species Act
of 1973, as amended (Act). We find that the petition does not present
substantial scientific or commercial information indicating that
listing A. debequaeus may be warranted. Therefore, we will not be
initiating a further status review in response to this petition. We ask
the public to submit to us any new information that becomes available
concerning the status of A. debequaeus or threats to its habitat at any
time. This information will help us monitor and encourage the
conservation of the species.

DATES: The finding announced in this document was made on February 14,
2007. You may submit new information concerning this species for our
consideration at any time.

ADDRESSES: The complete supporting file for this finding is available
for public inspection, by appointment, during normal business hours at
the Western Colorado Field Office, U.S. Fish and Wildlife Service, 764
Horizon Drive, Building B, Grand Junction, CO 81506. Submit new
information, materials, comments, or questions concerning this species
to us at the address above.

FOR FURTHER INFORMATION CONTACT: Allan R. Pfister, Field Supervisor,
Western Colorado Field Office (see ADDRESSES section) (telephone 970-
243-2778, extension 29; facsimile 970-245-6933). Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are to base this finding on
information provided in the petition, supporting information submitted
with the petition, and information otherwise available in our files at
the time we make the determination. To the maximum extent practicable,
we are to make this finding within 90 days of our receipt of the
petition and publish our notice of this finding promptly in the Federal
Register.
Our standard for substantial information within the Code of Federal
Regulations (CFR) with regard to a 90-day petition finding is ``that
amount of information that would lead a reasonable person to believe
that the measure proposed in the petition may be warranted'' (50 CFR
424.14(b)). If we find that substantial information was presented, we
are required to promptly commence a review of the status of the species.
In making this finding, we rely on information provided by the
petitioner and evaluate that information in accordance with 50 CFR
424.14(b). Our 90-day finding process under section 4(b)(3)(A) of the
Act and section 424.14(b) of our regulations is limited to a
determination of whether the information in the petition meets the
``substantial information'' threshold. A substantial finding should be
made when the Service deems that adequate and reliable information has
been presented that would lead a reasonable person to believe that the
petitioned action may be warranted.
On October 26, 2004, we received a formal petition, dated October
25, 2004, submitted by the Center for Native Ecosystems and the
Colorado Native Plant Society (2004), requesting that we list
Astragalus debequaeus as threatened or endangered, and designate
critical habitat concurrently. The petition identified itself as such
and included the requisite identification information for the
petitioners, as required in 50 CFR 424.14(a). We acknowledged receipt
of the petition in a January 20, 2005, letter to Mr. Joshua Pollock. In
that letter, we advised the

[[Page 6999]]

petitioners that due to prior listing allocations in Fiscal Year 2005,
we would not be able to begin processing the petition, and that
emergency listing of A. debequaeus was not warranted. Delays in
responding to the petition continued due to the high priority of
responding to court orders and settlement agreements.
On October 20, 2005, petitioners sent a 60-day notice of intent to
sue for failure to grant emergency listing status to Astragalus
debequaeus, to make a 90-day finding, and to make a 12-month finding.
On June 8, 2006, petitioners filed suit to force the Service to make
the ``overdue'' finding. On July 17, 2006, a settlement agreement was
proposed by the Service with dates for the 90-day finding submittal
being February 9, 2007, and, if the petition was found to be
substantial, we would send a 12-month finding to the Federal Register
by October 12, 2007. These dates were agreed upon in a settlement filed
on August 10, 2006, and approved on August 15, 2006.

General Biology and Listable Entity Evaluation

Astragalus debequaeus is a member of the Fabaceae (Pea) family.
Plants are clump-forming perennials 2 to 10 decimeters (8 to 39 inches
(in.)) in diameter with a woody taproot; stems 14 to 30 centimeters
(cm) (5.5 to 12 in.) long, curving upward; compound leaves 2 to 10 cm
(0.8 to 4 in.) long with 13 to 21 glabrous, flat or somewhat folded
leaflets. Flowers are white, upright, and 17 to 21 millimeters (mm)
(0.6 to 0.8 in.) long. Pods are ascending, 15 to 23 mm (0.5 to 1 in.)
long, 6 to 11 mm (0.2 to 0.4 in.) thick, and inflated with minute rough
hairs that become smooth with age (Welsh 1985, p. 31).
Astragalus debequaeus has only been identified as a separate
taxonomic entity for about 20 years, which represents about two
generations (Colorado Natural Heritage Program (CNHP) 2005, p. 60). The
species was discovered and described as a new species in 1984 by Dr.
Stanley Welsh of Brigham Young University. Astragalus debequaeus is
recognized as a species in the Colorado Rare Plant Field Guide
(Spackman et al. 1997b, p. 7); Integrated Taxonomic Information System
(2007); NatureServe (2006); and Weber and Wittmann (1992, pp. 3, 42;
2001, p. 181).
Astragalus debequaeus plants are found on the fine-textured, sandy
clay soils of the Atwell Gulch Member of the Wasatch Formation that are
relatively barren, varicolored, seleniferous, and saline (Welsh 1985,
p. 31). The habitat is found between 1,508 and 1,981 meters (4,970 and
6,500 feet) elevation in Mesa and Garfield Counties, Colorado. The
species is known from 17 occurrences that occupy about 573 hectares
(1,417 acres) (CNHP 2006, pp. 1-2). Fourteen of the occurrences are
near the town of DeBeque, Colorado, in Mesa County. The Bureau of Land
Management (BLM) Grand Junction Field Office (GJFO) manages 12 of these
occurrences, 2 of which include small portions of private land. The
other two occurrences near DeBeque, Colorado are located on private
lands. There are three occurrences of A. debequaeus located in Garfield
County at the base of the Roan Plateau near the town of Rifle. Two of
these occurrences are primarily on BLM lands but include small portions
of private land, while the other one is privately owned. The total
estimated number of plants at all seventeen occurrences is at least
64,617 (CNHP 2006, p. 2; Lincoln and Bridgman 2006, p. 1). Table 1
outlines the known populations, estimated number of plants and area
occupied, land ownership, and overall habitat quality as ranked by CNHP.

Table 1.--Astragalus debequaeus Population Information (CNHP 2005; Lincoln and Bridgman 2006, p. 1).
----------------------------------------------------------------------------------------------------------------
Acres (hectares) * Quality * *
Occurence location Number of plants* * Land ownership *
----------------------------------------------------------------------------------------------------------------
Shire Gulch...................... 8 to 10............. 1 (0.4)............. Private............ D
Pyramid Rock..................... thousands........... 300 to 392 (121 to BLM GJFO........... A
158).
Pyramid View..................... > 1,000............. 8 (3.2)............. BLM GJFO........... A
Coon Hollow...................... > 50,000............ 352 (142)........... BLM GJFO........... A
Sulphur Gulch.................... 300 to thousands.... 1 to 55 (0.4 to 22). BLM GJFO........... A
Sulphur Gulch Bottomland * * * *. >50................. >30 (12)............ BLM GSFO........... C
Corcoran Wash.................... 500................. 8 to 80 (3.2 to 32). BLM GJFO........... A
Anvil Points..................... >700................ 97 (39)............. BLM GSFO/Private... AB
Little Horsethief Creek.......... 20.................. 1 (0.4)............. BLM GJFO........... C
DeBeque Cutoff................... 710 to thousands.... 36 to 317 (14.5 to BLM GJFO/Private... A
128).
Plateau Valley................... 12 to 50............ 1 to 15 (0.4 to 6).. BLM GJFO/Private... C
Atwell Gulch..................... 4,478 * * * * *..... >16 (6.5) * * * * *. BLM GJFO........... AB
South Dry Fork................... 1,000............... 15 (6).............. BLM GJFO/Private... A
Horsethief Creek................. 100................. 3 to 11 (1.2 to 4.4) BLM GJFO/Private... B
King Creek * * * *............... 3................... 1 (0.4)............. Private............ D
Lockhart Draw * * * *............ 1 to 5.............. 1 (0.4)............. BLM GJFO........... D
JQS Trail * * * *................ 70 to 100........... 1 to 15 (0.4 to 6).. BLM GSFO/Private... C
----------------------------------------------------------------------------------------------------------------
* Numbers of plants are estimates.
* * Acres and hectares are estimates. When a range of acres or hectares is presented, the first number
represents the observed occupied area and the second number represents the mapped area of continuous habitat.
* * * Quality is an overall quality ranking assigned by CNHP where an ``A'' represents ``excellent'' quality,
``B'' represents ``good'' quality, ``C'' represents ``fair'' quality overall, and a ``D'' represents ``poor''
quality. Intermediates are represented with multiple letters.
* * * * New occurrence added to the CNHP database in 2005.
* * * * * Lincoln and Bridgman (2006, p. 1) provided population estimate and area estimates for new additions to
Atwell Gulch.

NatureServe and the CNHP rank the species as G2/S2, indicating that
it is imperiled both globally and within Colorado due to extreme rarity
(6 to 20 occurrences) and/or because of other factors demonstrably
making it vulnerable to extinction throughout its range.

Previous Federal Actions

Astragalus debequaeus was listed as a Category 2 (C2) candidate for
listing in 1993 (58 FR 51144, September 30,

[[Page 7000]]

1993). In the February 28, 1996, Notice of Review (61 FR 7595), we
discontinued the use of multiple candidate categories and considered
only the former Category 1 candidates for listing purposes. Because the
species did not meet the threshold of the definition of a C1 species,
A. debequaeus was removed from the candidate list at that time. The
species is managed as a Sensitive Species by BLM, as designated by the
BLM State Director, with special management consideration. The BLM
Manual 6840 provides policy direction that BLM sensitive plant species
are to be managed as if they were candidate species for Federal listing
so that they do not become listed, while also fulfilling other Federal
law mandates.

Threats Analysis

Section 4 of the Act and its implementing regulations (50 CFR 424)
set forth the procedures for adding species to the Federal List of
Endangered and Threatened Wildlife and Plants. A species may be
determined to be an endangered or threatened species due to one or more
of the five factors described in section 4(a)(1) of the Act: (A)
present or threatened destruction, modification, or curtailment of its
habitat or range; (B) overutilization for commercial, recreational,
scientific, or educational purposes; (C) disease or predation; (D)
inadequacy of existing regulatory mechanisms; or (E) other natural or
manmade factors affecting its continued existence. In making this
finding, we evaluated whether threats to the Astragalus debequaeus
presented in the petition and other information available in our files
at the time of the petition review may pose a concern with respect to
the A. debequaeus survival. Our evaluation of these threats is
presented below under the most appropriate listing factor.

A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range

The petitioners state that substantial threats to the species'
habitat are presented by--(1) traditional oil and gas development, (2)
oil-shale mining, (3) coalbed methane development and/or coal mining,
(4) noxious weeds and seeding, (5) existing and projected roads, (6)
livestock trampling, (7) off-road vehicle (ORV) use, and (8) increased
housing development. We address each of these topics individually below.
Information Provided in the Petition Regarding Traditional Oil and
Gas Development--Oil and gas resources and development are extensive
within the range of Astragalus debequaeus. The species is endemic to
the Atwell Gulch Member of the Wasatch Formation substrate, which
overlays deposits of oil and gas in the Piceance Basin that BLM has
leased for energy development. The following table summarizes
information provided in the petition regarding activities within the
leases and the sections where plants occur. Occurrences listed in this
table are not necessarily the same as those shown in the previous table
due to different occurrence criteria protocols used by CNHP in 2004
versus 2006.

Table 2.--Summary Information Provided in the Petition Regarding Activities Within the Leases and the Sections Where Astragalus debequaeus Plants Occur
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of leases \1\ Applications Applications
-------------------------- for permit for permit
Occurence location * to drill in to drill in Pipelines Roads ORV Grazing
Old \2\ New \3\ the lease the section
area \4\ \5\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pyramid Rock................. 4 11 20 10 multiple........ multiple....... 90% open....... open
Corcoran Wash................ ........... 1 ............ ............ ................ ............... open........... open
South Dry Fork............... 3 2 ............ ............ 1 1 open........... open
Sulphur Gulch................ 2 ........... 2 ............ 1 1 open........... open
DeBeque South................ 2 3 2 3 3 1 open........... open
Atwell Gulch................. ........... 1 2 ............ ................ multiple....... open........... open
Jerry Gulch.................. 1 2 ............ ............ ................ ............... open........... open
Anvil Points................. 3 1 27 31 ................ ............... open........... open
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Occurrences listed in this table are not the same as those shown in the previous table due to different occurrence criteria protocols used by CNHP
in 2004 versus 2006. Another discrepancy originates from the fact that four additional occurrences were documented in 2005 after this information was
obtained by the petitioners from the CNHP.
\2\ Leases granted prior to standard stipulations being included in lease notices.
\3\ Leases with, at least, standard stipulations allowing avoidance up to 200 meters. Some of these stipulations also control surface use.
\4\ Applications for permit to drill in the lease area as of 2004.
\5\ Applications for permit to drill in the section (approximately 640 acres (2.6 km2)) where plants occur as of 2004.

Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--We cannot find support
for the petitioners' claim that the high density of oil and gas
infrastructure causes direct and indirect impacts to Astragalus
debequaeus. The petitioners cite two instances in which ``a sizable
number'' and ``a dozen or so'' sensitive plants (no species named) were
destroyed during construction of two well pads (BLM GSFO 1999a, pp. 4-
33, 34). The BLM GSFO is aware of only one instance where A. debequaeus
was directly impacted. The BLM permitted the loss of three plants
within a proposed disturbance area for an access road (Scheck 2006a).
The Service has information on only one additional instance, in the BLM
GJFO management area, where four plants were lost during construction
of a pipeline and 12 plants were transplanted (Alward 2006).
The petition provides general information regarding the extent of
oil and gas leasing and potential development in the BLM GSFO and GJFO
management areas within the range of Astragalus debequaeus. It does not
present specific information that this development has resulted in
losses or threatens to result in losses of plants or habitat. Much of
the information in the petition identifies potential threats and
hypothetical impacts rather than actual impacts.
On the basis of our evaluation of the information presented in the
petition, it is our determination that the petition does not present
substantial information to indicate that listing of Astragalus
debequaeus may be warranted due to the present or threatened
destruction, modification, or curtailment of its habitat or range due
to oil and gas development.

[[Page 7001]]

Information Provided in the Petition Regarding Oil Shale
Development--Petitioners state that oil-shale mining continues to
become a more concrete threat that would devastate Astragalus
debequaeus. They cite the previous mining activity that could resume
given sufficient economic incentive, and the conditional oil-shale
water rights permits that are still held by three oil companies in
Garfield and Mesa Counties, Colorado.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--New oil-shale research
leases currently being considered by the BLM in Colorado would be
located in the Piceance Basin in Rio Blanco County, outside of the
range for Astragalus debequaeus (BLM 2006, p. 1). Potential future
expansion of the research leases to commercial production would occur
in the same area, also outside of the species' range. Oil-shale
reserves are found in the Green River Shale formation. A. debequaeus is
found in the Wasatch formation. The two formations are exposed in close
proximity to each other in some areas in Garfield County, Colorado, but
we have no information in our files to indicate that historical oil-
shale mining in this area is likely to resume in the foreseeable
future. Petitioners do not provide evidence that incentives are likely
to increase.
Renewal of water rights associated with oil-shale development does
not suggest imminent or foreseeable destruction of habitat. In February
2006, Mesa County granted an oil company an extension of a conceptual
conditional use permit for a water diversion system in the DeBeque
area, but no proposed plan of development was submitted (Mesa County
2006, p. 1-2). While indirect or cumulative impacts may result if large
water storage projects or other facilities are constructed in the
DeBeque area (Scheck 2006a), the petitioners did not provide specific
information, nor does the Service have information to indicate that
water projects are likely to be developed within the range of this
species in the foreseeable future.
Due to the lack of overlap between the range of Astragalus
debequaeus and areas considered for new oil-shale development, we have
determined that the information in the petition is incorrect and
therefore is not substantial with respect to a threat to the species
from oil shale development or associated indirect impacts. On the basis
of our evaluation of the information presented in the petition, it is
our determination that the petition does not present substantial
information to indicate that listing of A. debequaeus may be warranted
due to the present or threatened destruction, modification, or
curtailment of its habitat or range due to oil-shale development.
Information Provided in the Petition Regarding Coalbed Methane
Development--The petitioners assert that coalbed methane development
and coal mining may constitute threats to Astragalus debequaeus due to
the resources present and the processes for extraction. Petitioners
state that 30 coalbed methane wells have been drilled on South Shale
Ridge in the vicinity of an A. debequaeus site, and 10 more have been
permitted but not drilled.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--Petitioners provide no
information to substantiate the claim that coalbed methane development
or coal mining are impacting, or are likely to impact, Astragalus
debequaeus occurrences. On site surveys by the BLM GJFO have not
documented any A. debequaeus plants within active or permitted coalbed
methane development areas and have not identified any potential threats
to the species from these activities (Trappett 2005). On the basis of
our evaluation of the information presented in the petition, it is our
determination that the petition does not present substantial
information to indicate that listing of A. debequaeus may be warranted
due to the present or threatened destruction, modification, or curtailment
of its habitat or range due to coalbed methane or coal development.
Information Provided in the Petition Regarding Noxious Weeds--
Petitioners state that noxious weeds and seeding pose threats to
Astragalus debequaeus. The petition gives three examples of cheatgrass
(Bromus tectorum) invasions documented at A. debequaeus occurrences.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--The petitioners'
description of weed and introduced seed interactions with rare plants
in general is accurate and applicable to Astragalus debequaeus habitat
after disturbance. Three examples are given of cheatgrass invasions
documented at A. debequaeus occurrences. Two of the sites, Pyramid View
and Pyramid Rock/Pyramid Ridge, are ranked by CNHP as ``A'' (excellent)
for ``quality'' even though the cheatgrass downgraded the ``condition''
of the habitat to a ``B'' (good). At the third occurrence at Horsethief
Creek the ``quality'' is ranked ``B'' although the site is given a
``C'' (fair) for ``condition'' due to cheatgrass and the roadside
location. A. debequaeus plants at this site are large (114 cm/45 in.)
and seedlings are present (CNHP 2005, pp. 36-37). While cheatgrass is
nearly ubiquitous in the western United States, it does not necessarily
dominate perennial plants or prevent seedling establishment.
In the BLM GSFO management area, cheatgrass has been noted as a
component of the vegetative community at all Anvil Points occurrences
that have been visited in the past 4 years. Based on observations
during these surveys, it does not appear that the Anvil Points
occurrences are dominated by cheatgrass or other noxious weeds, and the
Astragalus debequaeus populations do not appear to be suppressed by the
presence of cheatgrass at the current levels (Scheck 2006a).
On the basis of a review of the information in the petition, it is
our determination that the petition does not contain substantial
information to indicate that cheatgrass and other noxious weeds or
seeds are a threat to Astragalus debequaeous. Despite the presence of
cheatgrass in some locations where A. debequaeous occurs, cheatgrass
does not appear to suppress A. debequaeus (Scheck 2006a). We have
concluded that a slight downgrade in habitat quality at a few locations
does not constitute a threat to the species. Neither the petitioners,
nor our files, provide information on the extent or magnitude of
noxious weed invasion to indicate that listing A. debequaeus may be
warranted due to the present or threatened destruction, modification,
or curtailment of A. debequaeus' habitat or range.
Information Provided in the Petition Regarding Roads--The
petitioners state that existing and projected roads pose significant
threats to Astragalus debequaeus. They cite the general proximity of
roads to existing populations and the predicted increase in road
networks that accompany oil and gas development as significant threats.
They base this claim upon assertions of soil compaction, fine particle
deposition on the plants, alterations in hydrologic flow above the
plants, spread of invasive plants, increased ORV access and use,
destabilization of the slopes where the plants are found, the limiting
of plant dispersal, and damage to the plants during road maintenance
and repairs.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--In the BLM GSFO
management area, several of the Anvil Points

[[Page 7002]]

suboccurrences are within 0.40 kilometer (0.25 mile) of a road. Scheck
(2006a) indicates that road disturbance in the form of destabilization
of slopes, dust deposition and corridors for weed dispersal likely
results in impacts to Astragalus debequaeus. However, there is no
substantial information to suggest the magnitude of these impacts and
whether they pose a threat to the species. None of the known
occurrences are located on slopes below the roads, so there have been
no impacts from sedimentation or changes in runoff patterns. Road
maintenance and repair has contributed to the loss of a few individuals
that are sloughing off the cut banks above the road (Scheck 2006a).
However, sloughing at this site seems to be an isolated impact
involving only a few plants. Although oil and gas development on BLM
lands would include access roads, the BLM would evaluate proposed roads
during project planning and they would be subject to applicable
stipulations, including possible road relocation (BLM GSFO 1999a, p.
13). These measures should help to ensure that no substantial impacts
result from road construction.
It appears that the information provided in the petition addressed
impacts to the species in only a few localized areas and does not speak
to the magnitude or severity of impacts to the species. Further, the
petitioners do not provide information on the extent or magnitude of
existing and future roads and how road use, maintenance, or development
may affect the species. On the basis of our evaluation of the
information presented in the petition, it is our determination that the
petition does not present substantial information to indicate that
listing Astragalus debequaeus may be warranted due to the present or
threatened destruction, modification, or curtailment of A. debequaeus'
habitat or range due to road development.
Information Provided in the Petition Regarding Livestock--
Petitioners state that livestock pose a threat to Astragalus
debequaeus, primarily through trampling, but also discuss secondary
issues including the introduction of noxious weeds and other invasive
plants as well as direct grazing. According to the petition, livestock
pose a threat to the species because all known A. debequaeus
occurrences are within BLM grazing allotments. They cite the Atwell
Gulch occurrence in the Heely allotment, BLM GJFO management area,
where over 20 percent of the total number of plants was heavily
trampled in 1997. The petitioners found this compelling in that only 50
percent of plants were located in areas accessible to cattle. At the
Pyramid Rock occurrence in the BLM GJFO management area, one occurrence
was reported by CNHP to be somewhat overgrazed, with much cheatgrass,
which petitioners cite as an indication that cattle were introducing
noxious weeds. Petitioners state that as of 2004 there were no other
available reports on the grazing status within any allotments.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--Based on a review of
information in our files, we have determined the information contained
in the petition regarding the threat to Astragalus debequaeus from
livestock impacts may not be accurate.
The GJFO BLM manages the Heely grazing allotment, which lies within
the Atwell Gulch occurrence of Astragalus debequaeus. These occurrences
were surveyed in 1996 and 2006. In both surveys, trampling of
individual plants by cattle was observed; however, the total estimated
number of plants appeared to have increased by 610 plants at previously
known locations, and 6 newly recorded sites, with an estimated 3,361
plants, were discovered. The BLM renewed the grazing lease in 2006 for
only 3 years to allow for the collection of additional data before
issuing a grazing decision, during which time it will continue to
monitor the plants (Lincoln and Bridgman 2006, p. 5).
In the BLM GJFO management area, the Pyramid Rock occurrence was
ranked ``AB'' in 1996 (Spackman et al. 1997a, figure 11) and ``A'' in
2000 (CNHP 2005, p. 46). Because the quality of the site has improved
and its subsequent CNHP ranking, we do not agree with the petitioner's
claim that overgrazing is a threat at this site.
In the BLM GSFO management area, only one grazing allotment
contains known populations of the species. The BLM GSFO completed a
grazing permit renewal Environmental Assessment for Webster Park
allotment in the Anvil Points occurrence of Astragalus debequaeus that
included a discussion of grazing impacts (or lack thereof) on the
plants. The BLM stated that ``there are several known populations of
the BLM Sensitive plant, A. debequaeus, in the lower unit of the
Webster Park allotment and in the adjacent Sharrard Park allotment.
Monitoring of these populations in 2002 and 2003 found little evidence
of livestock grazing or trampling. The reissuance of the grazing
permit, as proposed, should have no effect on this plant species''
(Scheck 2006a).
The resilience of these plants over 10 years at Atwell Gulch and 19
years at Pyramid Rock indicates that the response of Astragalus
debequaeus to grazing impacts under current management does not pose a
significant threat to the species. The magnitude of grazing in known
occupied A. debequaeus habitat is minor, and where it occurs, does not
seem to be impacting the long-term viability of the species at the site.
On the basis of our evaluation of the information on the extent or
magnitude of livestock impacts contained in the petition, it is our
determination that the petition does not present substantial
information to indicate that listing Astragalus debequaeus may be
warranted due to the present or threatened destruction, modification,
or curtailment of A. debequaeus' habitat or range.
Information Provided in the Petition Regarding Off-Road Vehicle
(ORV) Use--The petitioners state that ORV use poses a significant
threat and has been documented at an Astragalus debequaeus site.
Petitioners state that ORV use is allowed in most areas where A.
debequaeus is found, and that it is documented at the Area of Critical
Environmental Concern (ACEC), which is closed to motorized vehicles.
The petitioners also expect that increased ORV use will accompany
increased access provided by new roads for oil and gas development.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--The petition does not
contain reliable information concerning the threat to Astragalus
debequaeus from ORV use. While ORV use is allowed in most areas of BLM
land where A. debequaeus is found, ORV tracks are documented only at
the Pyramid Rock ACEC, which is closed to motorized vehicles. The BLM
GSFO reports no ORV impacts to the Anvil Points populations, because
legal public access to these sites is blocked by private land.
On the basis of our evaluation of information on the extent or
magnitude of ORV use contained in the petition, it is our determination
that the petition does not present substantial information to indicate
that listing Astragalus debequaeus may be warranted due to the present
or threatened destruction, modification, or curtailment of A.
debequaeus' habitat or range. Our information indicates that the
magnitude of ORV use in known occupied A. debequaeus areas is minor.
Information Provided in the Petition Regarding Residential
Development--The petitioners assert that increased

[[Page 7003]]

housing development threatens Astragalus debequaeus. Petitioners cite
the 1997 CNHP report that listed increased housing development between
Rifle and Grand Junction as a threat to the habitat for the species
(Spackman et al. 1997a, pp. 5, 44).
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--The petition provides
no estimates of current or projected housing development within the
habitat for Astragalus debequaeus to indicate that it represents a
threat to the species. While housing development is known to be
increasing within the range of this species, the potential direct
impact of housing development on A. debequaeus is limited to the
occurrences that are at least partly on private land. Information on
the portion of occupied area and number of plants present on the
private portion of these parcels is not available. However, private
lands contribute only a small portion of the known occurrences of A.
debequaeus. Even if all private lands were lost, the vast majority of
occurrences and individuals would remain on BLM lands (see Table 1) not
subject to residential development. On the basis of our evaluation of
information on the extent or magnitude of residential development
contained in the petition, it is our determination that the petition
does not present substantial information to indicate that listing A.
debequaeus may be warranted due to the present or threatened destruction,
modification, or curtailment of A. debequaeus' habitat or range.

B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes

The petitioners did not provide information regarding the
overutilization of this Astragalus debequaeus for commercial,
recreational, scientific, or educational purposes. We also have no
available information on the overutilization of this plant species for
commercial, recreational, educational, or scientific purposes.
Therefore, we have determined that the petition does not provide
substantial information that listing A. debequaeus may be warranted due
to overutilization for commercial, recreational, scientific, or
educational purposes.

C. Disease or Predation

Information Provided in the Petition--Petitioners state that the
threat of herbivory (either natural or livestock related) could be
significant given the small population sizes, scarcity of occurrences,
and limited geographic range size of the species. They cite CNHP
records from 2004 in which the plants were ``somewhat overgrazed'' at
one occurrence in 1986, and two plants were browsed in another
occurrence where there also was ``some evidence of seed predation by an
unknown predator.'' Petitioners also state that cattle are believed to
avoid grazing on Astragalus debequaeus, either because it is unpalatable
or because the more palatable plants are found in other habitats.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--The petition does not
contain substantial information concerning the threat of herbivory. The
report on seed predation and browsing appears anecdotal, and no
evidence suggests that herbivory threatens Astragalus debequaeus. As
the petition states, cattle appear to avoid grazing on A. debequaeus.
As such, we have determined that the petition does not provide
substantial information that listing A. debequaeus may be warranted due
to herbivory. Livestock impacts are also discussed under Factor A above.

D. Inadequacy of Existing Regulatory Mechanisms

Petitioners state that Federal regulatory mechanisms are inadequate
to protect the Astragalus debequaeus. The petition asserts that BLM
fails to protect the species due to--(1) inadequate monitoring of
occurrences; (2) inadequate avoidance of adverse impacts from oil and
gas development, grazing, and ORV use; and (3) failure to designate or
enforce ACECs. Finally, the petition asserts that there is a lack of
State regulatory mechanisms protecting the species. As indicated in
other portions of this finding, the petition failed to present
substantial information indicating that oil and gas, grazing, and ORV
use are a threat to A. debequaeus. Nevertheless, we evaluated the
claims of the petition regarding each of these factors and the adequacy
of the associated regulatory mechanisms below.
Information Provided in the Petition Regarding Inadequate
Monitoring--The Petitioners state that BLM fails to monitor the
species, saying that several occurrences have not been revisited in
over 18 years.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--The petition does not
provide reliable information that the BLM fails to monitor the species.
The petitioners claim that several occurrences have not been revisited
in over 18 years. However, CNHP (2005, pp. 12, 17, 123) records
indicate that, with the exception of one small occurrence and two
suboccurrences, all known occurrences have been surveyed since 1995.
Petitioners list eight subocurrences that have been revisited within
the last 8 years and four newly discovered suboccurrences. In the BLM
GSFO management area, two suboccurrences in the Anvil Points area have
been monitored for the past 3 years, and surveys have relocated one of
four ``missing'' subocurrences that may have been inaccurately mapped
(Scheck 2006b). In the BLM GJFO management area, eight known
subocurrences were resurveyed, seven new subocurrences were found, and
a monitoring plot was established in the Atwell Gulch occurrence in
2006 (Lincoln and Bridgman 2006, p. 5). Transplant research and
monitoring (see Factor E below) were funded after BLM surveys located
plants along the route for a new oil and gas pipeline. On the basis of
our evaluation of the information presented in the petition, it is our
determination that the petition does not present substantial
information to indicate that listing Astragalus debequaeus may be
warranted due to inadequate monitoring of occurrences.
Information Provided in the Petition Regarding Inadequate
Protection From Oil and Gas Development, Grazing, and ORV Use--The
petitioners assert that the BLM fails to regulate oil and gas
development, ORV use, and livestock grazing in a manner that would
adequately protect Astragalus debequaeus. Petitioners assert that
neither the 1987 Grand Junction Resource Management Plan nor the 1999
Glenwood Springs Resource Management Plan amendment adequately controls
energy development impacts on the plants. They state that the standard
lease provisions found in 43 CFR 1301.1-2 cannot be applied to leases
issued prior to the promulgation of these regulations. They also state
that neither of these Resource Management Plans stipulate there will be
no surface occupancy at BLM sensitive plant sites.
Regarding regulation of ORV use, the petitioners state that more
than half of the occurrences and total number of plants are exposed to
ORV traffic, and that several of the occurrences are in designated open
ORV areas on BLM land.
Regarding regulation of livestock grazing, petitioners cite the
example of five Environmental Assessments written for grazing permit
renewals in the BLM GJFO management area, in which BLM

[[Page 7004]]

failed to consider grazing impacts to the plant.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--The petition does not
provide reliable information regarding the ability of the BLM to apply
protections to already leased oil and gas areas. The provisions in 43
CFR 1301.1-2 apply to leases issued prior to the adoption of the
regulations, because these provisions are considered ``consistent with
lease rights granted'' and, therefore, are not a violation of existing
lease rights (Scheck 2006b). While relocation of activities by up to
200 meters (656 feet) may not be adequate to avoid all impacts to large
occurrences, it would protect the majority of individuals. Relocation
of oil and gas activities also would suffice to avoid direct impacts to
smaller occurrences, such as those at Anvil Points.
Ten of the 13 suboccurrences in the Anvil Points occurrence are
found on leases issued in May 1999, following the completion of the
Glenwood Springs 1999 Oil and Gas Leasing and Development Record of
Decision and Resource Management Plan Amendment (Scheck 2006b). These
leases are covered by a Controlled Surface Use stipulation (CSU-3) to
protect populations of sensitive plants (BLM GSFO 1999b, p. 12). Each
time a new Application for Permit to Drill is received or a Geographic
Area Plan is proposed, BLM GSFO requires surveys in areas of potential
habitat for special status plants, including Astragalus debequaeus. If
populations or individuals are found in the project area, the proposed
action is modified, if deemed necessary, to mitigate impacts (Scheck
2006b). When seismic activities were proposed for the Anvil Points area
in 2001, surveys were conducted beforehand and all occurrences of A.
debequaeus were avoided (Scheck 2006a).
In the BLM GJFO management area where 13 of the 17 occurrences are
located, the standard lease stipulation (43 CFR 1301.1-2) is included
in 19 of the 30 leases in the area (see Table 1). The earlier leases
also are subject to the same provisions, which are consistent with
lease rights granted. Conditions of approval for new Applications for
Permits to Drill include surveys of potential habitat for special
status plants, including Astragalus debequaeus, and mitigation measures
to avoid impacting occupied habitat.
Regarding regulation of livestock grazing, four of the
Environmental Assessments cited by petitioners that were available for
review support the petitioner's claim that no specific measures were
included for protection of the plant (BLM GJFO 2000, pp. 8-9; BLM GJFO
2001, pp. 7-8; BLM GJFO 2003a, pp. 7-8, 13; BLM GJFO 2003b, p. 6).
However, seasoned field biologists, with extensive knowledge of the
species and years of site visits to these allotments, signed these
assessments after determining that the species was not likely to be
adversely affected by the grazing activities. In two of these
Environmental Assessments (BLM GJFO 2000, p. 9; BLM GJFO 2001, p. 8),
BLM recommended scheduled range monitoring for a subset of the relevant
population.
Regarding ORV use regulation, petitioners assert that few
restrictions exist within the range of Astragalus debequaeus. They do
not show, nor do we have additional information to indicate, that the level
of ORV use in the area presents a need for a higher level of regulation.
On the basis of our evaluation of the information presented in the
petition, it is our determination that the petition does not present
substantial information to indicate that listing Astragalus debequaeus
may be warranted due to the lack of regulation by BLM on oil and gas
development, livestock use, or ORV use. Our files show that the BLM
routinely considers impacts of its actions on A. debequaeus, and avoids
the majority of individual plants and occurrences.
Information Provided in the Petition Regarding Failure to Designate
Areas of Critical Environmental Concern--Petitioners state that BLM has
failed to designate additional ACECs to protect this species, and that
the existing ACEC does not protect the plants from grazing and ORV
activities and impacts, based on one illegal ORV track and permitted
grazing.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--Through the Roan
Plateau Resource Management Plan/Final Environmental Impact Statement,
the BLM has proposed an ACEC at Anvil Points that would increase
protection for the species (BLM GSFO 2006, p. 3-111). This ACEC will be
finalized after the Record of Decision is published. The ACEC would
protect about 14 percent of the plants in the Anvil Points occurrence
(Scheck 2006b; CNHP 2005, pp. 38, 73).
The Pyramid Rock ACEC in the BLM GJFO management area is being
evaluated for grazing and ORV impacts to Astragalus debequaeus and
three other species because some habitat damage has occurred (Lincoln
and Bridgman 2006, p. 9). This ACEC has been withheld from oil and gas
lease offerings.
On the basis of our evaluation of the information presented in the
petition, it is our determination that the petition does not present
substantial information to indicate that listing Astragalus debequaeus
may be warranted due to the lack of protection by BLM through the
designation and enforcement of ACECs. The BLM has created the Pyramid
Rock ACEC that protects about 150 individuals (CNHP 2005, p. 2).
Furthermore, the petition and our files do not contain any evidence
that the species requires ACECs to sustain it.
Information Contained in the Petition Regarding Lack of State
Regulatory Mechanisms--Petitioners state that Colorado has no State
regulatory mechanisms for protecting rare plant species, and that the
Colorado Natural Areas Program is insufficient to protect and provide
recovery for Astragalus debequaeus.
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--The Colorado Natural
Areas Program collects information on rare plant species, but does not
have regulatory authority over habitat development. However, they are
working with the BLM GJFO to determine whether fencing would be
appropriate for the Pyramid Rock Natural Area (Kurzel 2006). Voluntary
conservation agreements for a State Natural Area are most effective on
private land, which is a very small percentage of the habitat for this
species.
While we agree that Colorado does not have State regulatory
mechanisms for protecting rare plant species, the petitioners and
currently available information do not provide information that the
species requires any additional regulatory mechanisms to sustain it. On
the basis of our evaluation of the information presented in the
petition, it is our determination that the petition does not present
substantial information to indicate that listing Astragalus debequaeus
may be warranted due to the inadequacy of existing regulatory mechanisms.

E. Other Natural or Manmade Factors Affecting the Continued Existence
of the Species

Information Provided in the Petition Regarding Population Size and
Range--Petitioners state that limited range, small number of plants,
and small number of populations make Astragalus debequaeus vulnerable
to anthropogenic impacts, environmental and genetic stochasticity, and
climate change. They

[[Page 7005]]

cite 44 occurrences of the species at 8 sites over a range of 40 to 48
kilometers (25 to 30 miles).
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--We disagree with the
assertion that population size, range, and number of populations are so
limited that other natural or manmade factors would substantially
impact the species. In a 2006 Global Ranking report from CNHP, the
occurrence numbers have been revised to 32 documented occurrences, 15
of which are suboccurrences; therefore, 17 (primary) occurrences are
currently known to be extant (CNHP 2006, p. 2). The difference in the
number of occurrences is based on an update of occurrence delineation
protocols, plus the addition of four new occurrences that were added to
the CNHP database in 2005 (see Table 1). The total number of plants
estimated in 1996 was 68,000. Four new occurrences and a net of 1,205
new plants have been documented by CNHP (2005, pp. 7, 36, 47, 80, 137).
In 2006, which had a very dry spring, 6 new suboccurrences containing
3,361 plants were recorded in Atwell Gulch (Lincoln and Bridgman 2006,
p. 1). The total estimated number of plants has changed from 68,000 in
1996 to 64,617 in 2006. The difference appears to be due to the method
of summarizing the rough estimates from 1996 records. There are no
recounts that can be used to precisely compare population sizes and
determine whether there has been an actual downward trend in the number
of plants. The area of currently known occupied habitat for the 17
occurrences is an estimated 573 hectares (1,417 acres) (CNHP 2006, p.
2). Spackman et al. (1997a, p. 8) concluded that the species occupies
most of its available suitable habitat and historical range.
On the basis of our evaluation of the information presented in the
petition, it is our determination that the petition does not present
substantial information to indicate that listing of Astragalus debequaeus
may be warranted due to impacts from other natural or manmade factors.
Information Provided in the Petition Regarding Transplanting
Success--Petitioners state that Astragalus debequaeus does not respond
well to transplanting. They cite one unsuccessful attempt to transplant
three plants (Trappett 2005).
Analysis of Information Provided in the Petition and Information
Available to Us at the Time of Petition Review--The petition provides
reliable information regarding the lack of success of transplantation
as a mitigation measure in Trappett (2005). We also know of one
additional attempt at transplantation. In 2005, 12 individuals were
transplanted from a pipeline right-of-way. Two of the transplants died,
some flowered in 2006, with none being as robust as undisturbed plants
in the vicinity (Alward 2006). Because so few individuals were
involved, information from these two transplant attempts does not
provide substantial evidence to indicate whether transplanting can be
successful in minimizing disturbance effects on the species.
Although the two known attempts have been of limited or uncertain
success, few individuals are subject to transplantation. The BLM
prefers impact avoidance over transplantation as a conservation
measure. Neither the petitioners nor our files provide substantial
information that listing Astragalus debequaeus may be warranted due to
the lack of success of transplantation attempts.

Finding

We have reviewed the petition and literature cited in the petition
and evaluated that information in relation to information available to
us. After this review and evaluation, we find that the petition does
not present substantial scientific information to indicate that listing
Astragalus debequaeus (DeBeque milkvetch) may be warranted at this time.
Petitioners state that nearly all occurrences are--within oil and
gas leases, some with approved permits to drill; on active grazing
allotments; open to ORVs; and often near roads and pipelines. However,
there are only a very limited number of instances where impacts to the
plants have resulted from any documented or potential threats. Further,
there is insufficient information in the petition regarding the
magnitude of these impacts and no information that suggests that these
impacts may have population-level effects.
The petition is based primarily on claims regarding Factors A and
D, both of which are primarily tied to oil and gas development. Since
the petition was submitted in 2004, the BLM has taken additional
measures to conserve the species in areas within potential oil and gas
development areas. They have withheld the Pyramid Rock ACEC from oil
and gas leasing, conducted new surveys during the Application for
Permit to Drill and grazing allotment renewal reviews, and added
standard lease stipulations and controlled use stipulations to new oil
and gas leases in the course of developing appropriate management
strategies. Monitoring is being implemented to assess the effectiveness
of these measures in minimizing impacts to the species as additional
development occurs within its habitat.
Our review of the available information indicated that the species
appears to be maintaining its presence in known locations throughout
its range. Despite several potential threat factors, the petition and
the information in our files do not present substantial information
indicating that any factor, nor a combination of factors, suggests the
petitioned action, listing as threatened or endangered with critical
habitat, may be warranted for Astragalus debequaeus.
Although we will not commence a status review in response to this
petition, we will continue to monitor the Astragalus debequaeus
population status and trends, potential threats, and ongoing management
actions that might be important with regard to the conservation of the
A. debequaeus across its range. We encourage interested parties to
continue to gather data that will assist with the conservation of the
species. If you wish to provide information regarding A. debequaeus,
you may submit your information or materials to the Field Supervisor,
Western Colorado Ecological Services Office, U.S. Fish and Wildlife
Service (see ADDRESSES section).

References Cited

A complete list of all references cited herein is available upon
request from the Western Colorado Ecological Services Field Office (see
ADDRESSES section).

Author

The primary author of this document is Ellen Mayo, U.S. Fish and
Wildlife Service, Western Colorado Ecological Services Field Office
(see ADDRESSES section).

Authority

The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Dated: February 6, 2007.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service.
[FR Doc. E7-2445 Filed 2-13-07; 8:45 am]
BILLING CODE 4310-55-P

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Endangered and Threatened Wildlife and Plants; 90-Day Finding on A Petition to List Astragalus debequaeus (DeBeque milkvetch) as Threatened or Endangered

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