# Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Fender's Blue Butterfly (Icaricia icarioides fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's Lupine), and Erigeron decumbens var. decumbens (Willamette Daisy).

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## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** November 2, 2005
- **Citation:** 70 FR 66492

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AT91

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Fender's Blue Butterfly (
Icaricia icarioides fenderi
),
Lupinus sulphureus
ssp.
kincaidii
(Kincaid's Lupine), and
Erigeron decumbens
var.
decumbens
(Willamette Daisy).

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Proposed rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Fender's blue butterfly (
Icaricia icarioides fenderi
), and two plants,
Lupinus sulphureus
ssp.
kincaidii
(Kincaid's lupine), and
Erigeron decumbens
var.
decumbens
(Willamette daisy) pursuant to the Endangered Species Act of 1973, as amended (Act). We are proposing to designate 3,089 acres (ac) (1,250 hectares (ha) as critical habitat for Fender's blue butterfly, 724 ac (293 ha) as critical habitat for
L. sulphureus
ssp.
kincaidii
, and 718 ac (291 ha) as critical habitat for
E. decumbens
var.
decumbens
. The proposed critical habitat is located in Polk, Benton, Yamhill, Lane, Marion, Linn, and Douglas Counties, Oregon, and Lewis County, Washington.

DATES:

We will accept comments from all interested parties until January 3, 2006. We must receive requests for public hearings, in writing, at the address shown in the
ADDRESSES
section by December 19, 2005.

ADDRESSES:

If you wish to comment, you may submit your comments and materials concerning this proposal by any one of several methods:

(1) You may submit written comments and information to Kemper McMaster, Field Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266.

(2) You may hand-deliver written comments to our Office, at the above address.

(3) You may send comments by electronic mail (e-mail) to
fw1willamettech@fws.gov
. Please see the Public Comments Solicited section below for file format and other information about electronic filing.

(4) You may fax your comments to 503/231-6195.

Comments and materials received, as well as supporting documentation used in the preparation of this proposed rule, will be available for public inspection, by appointment, during normal business hours (see address above) (telephone 503/231-6179).

FOR FURTHER INFORMATION CONTACT:

Kemper McMaster, Field Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266 (telephone 503/231-6179; facsimile 503/231-6195).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

We intend that any final action resulting from this proposal will be as accurate and as effective as possible. Therefore, comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule are hereby solicited. Comments particularly are sought concerning:

(1) The reasons any habitat should or should not be determined to be critical habitat as provided by section 4 of the Act, including whether the benefit of designation will outweigh any threats to the species due to designation;

(2) Specific information on the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
, and
Erigeron decumbens
var.
decumbens
and its habitat, and which habitat or habitat components (i.e., physical and biological features) are essential to the conservation such as soil moisture gradient, microsite preferences, light requirements;

(3) Specific information on the amount and distribution of the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
habitat; what areas should be included in the designations that were occupied at the time of listing and contain the features that are essential to the conservation of the species and why; specific information is also sought on what areas that were not occupied at the time of listing are essential to the conservation of the species and why;

(4) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat; we specifically solicit information including:

(a) The benefits provided by a management plan; specifically describe how the plan addresses each primary constituent element (PCE) in the absence of designated critical habitat; describe conservation benefits to Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
or
Erigeron decumbens
var.
decumbens
; include citations that point to the certainity of implementation of those aspects of the management plans (see the Special Management Considerations or Protections section below);

(b) The benefits of excluding from the critical habitat designation the areas covered by the plan; we are especially interested in knowing how partnerships may be positively or negatively affected by a designation, or through exclusion from critical habitat, and costs associated with designation;

(c) With specific reference to the recent amendments to sections 4(a)(3) and 4(b)(2) of the Act, we request information from the Department of Defense to assist the Secretary of the Interior in making a determination as to whether to exclude critical habitat on lands administered by or under the control of the Department of Defense based on the benefit of an Integrated Natural Resources Management Plan (INRMP) to the conservation of the species;

(5) Any foreseeable economic, national security, or other potential impacts resulting from the proposed designation and, in particular, any impacts on small entities; and

(6) Whether our approach to designating critical habitat could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concerns and comments.

If you wish to comment, you may submit your comments and materials concerning this proposal by any one of several methods (see
ADDRESSES
section). Please submit Internet comments to
fw1willamettech@fws.gov
in ASCII file format and avoid the use of special characters or any form of encryption. Please also include “RIN 1018-AT91” in your e-mail subject header and your name and return address in the body of your message. If you do not receive a confirmation from the system that we have received your Internet message, contact us directly (see
ADDRESSES
). Please note that the Internet address
fw1willamettech@fws.gov
will be unavailable at the termination of the public comment period.

Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home addresses from the rulemaking record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the

rulemaking record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comments. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address.

Designation of Critical Habitat Provides Little Additional Protection to Species

In 30 years of implementing the Act, the Service has found that the designation of statutory critical habitat provides little additional protection to most listed species, while consuming significant amounts of available conservation resources. The Service's present system for designating critical habitat has evolved since its original statutory prescription into a process that provides little real conservation benefit, is driven by litigation and the courts rather than biology, limits our ability to fully evaluate the science involved, consumes enormous agency resources, and imposes huge social and economic costs. The Service believes that additional agency discretion would allow our focus to return to those actions that provide the greatest benefit to the species most in need of protection.

Role of Critical Habitat in Actual Practice of Administering and Implementing the Act

While attention to and protection of habitat is paramount to successful conservation actions, we have consistently found that, in most circumstances, the designation of critical habitat is of little additional value for most listed species, yet it consumes large amounts of conservation resources. Sidle (1987) stated, “Because the Act can protect species with and without critical habitat designation, critical habitat designation may be redundant to the other consultation requirements of section 7.” Currently, only 470 species or 37.5 percent of the 1,253 listed species in the U.S. under the jurisdiction of the Service have designated critical habitat.

We address the habitat needs of all 1,253 listed species through conservation mechanisms such as listing, section 7 consultations, the Section 4 recovery planning process, the Section 9 protective prohibitions of unauthorized take, Section 6 funding to the States, and the Section 10 incidental take permit process. The Service believes that it is these measures that may make the difference between conservation for many species.

We note, however, that a recent Ninth Circuit judicial opinion,
Gifford Pinchot Task Force
v.
United States Fish and Wildlife Service
, has invalidated the Service's regulation defining destruction or adverse modification of critical habitat. In response, on December 9, 2004, the Director issued guidance to be considered in making section 7 adverse modification determinations. This critical habitat designation does not use the invalidated regulation in our consideration of critical habitat's benefits. The Service will carefully manage consultations that analyze impacts to designated critical habitat, particularly those that appear to be resulting in an adverse modification determination. Such consultations will be reviewed by the Regional Office prior to finalizing to ensure that an adequate analysis has been conducted that is informed by the Director's guidelines.

Procedural and Resource Difficulties in Designating Critical Habitat

We have been inundated with lawsuits for our failure to designate critical habitat, and we face a growing number of lawsuits challenging critical habitat determinations once they are made. These lawsuits have subjected the Service to an ever-increasing series of court orders and court-approved settlement agreements, compliance with which now consumes nearly the entire listing program budget. This leaves the Service with little ability to prioritize its activities to direct scarce listing resources to the listing program actions with the most biologically urgent species conservation needs.

The consequence of the critical habitat litigation activity is that limited listing funds are used to defend active lawsuits, to respond to Notices of Intent (NOIs) to sue relative to critical habitat, and to comply with the growing number of adverse court orders. As a result, listing petition responses, the Service's own proposals to list critically imperiled species, and final listing determinations on existing proposals are all significantly delayed.

The accelerated schedules of court ordered designations have left the Service with almost no ability to provide for adequate public participation or to ensure a defect-free rulemaking process before making decisions on listing and critical habitat proposals due to the risks associated with noncompliance with judicially-imposed deadlines. This in turn fosters a second round of litigation in which those who fear adverse impacts from critical habitat designations challenge those designations. The cycle of litigation appears endless, is very expensive, and in the final analysis provides relatively little additional protection to listed species.

The costs resulting from the designation include legal costs, the cost of preparation and publication of the designation, the analysis of the economic effects and the cost of requesting and responding to public comment, and in some cases the costs of compliance with the National Environmental Policy Act (NEPA). None of these costs result in any benefit to the species that is not already afforded by the protections of the Act enumerated earlier, and they directly reduce the funds available for direct and tangible conservation actions.

Background

It is our intent to discuss those topics directly relevant to the designation of critical habitat in this proposed rule. For more information on the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
, refer to the final listing rule published in the
Federal Register
on January 25, 2000 (65 FR 3875). Provided below is a general overview of the habitat requirements and distribution of Fender's blue butterfly,
L. sulphureus
ssp.
kincaidii
and
E. decumbens
var.
decumbens
.

These species occur in wet prairie, upland prairie, and oak/savanna habitats (collectively referred to as prairie habitat) which were once widely distributed across western Oregon and southwestern Washington (Clark 1996; Schultz
et al.
2003; Wilson
et al.
2003). Various descriptions of prairie habitats have been published over the years and they usually vary in their division of communities and the dominant species present in each community (Jackson 1996). For the purposes of this document we describe two habitat types, wet and upland prairie, and we define these by describing the plant communities reported co-occuring with the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
. Upland prairie (including oak savanna) habitat is characterized by short-grass stature which is dominated by native bunch grasses and forbs, such as:
Calochortus tolmiei
(Cat's ear, Tolmie star-tulip),
Danthonia californica
(California oatgrass),
Eriophyllum lanatum
(common woolly sunflower, Oregon

sunshine),
Festuca romeri
(Romer's fescue), and
Fragaria virginiana
(Virginia strawberry) (Wilson 1998a; Schultz
et al.
2003; Wilson
et al.
2003). Wet prairies are seasonally flooded ecosystems occurring on both poorly drained soil types and well-drained soils where shallow bedrock impedes drainage (Wilson 1998b). Although wet prairie soils dry-out during typical summer droughts, they have soils with hydric characteristics that support facultative or obligate wetland plant species (Wilson 1998b) such as,
Anthoxanthum odoratum
(sweet vernalgrass),
Deschampsia caespitosa
(tufted hairgrass),
Eriophyllum lanatum
, and
Lomatium bradshawii
(Bradshaw's lomatium) (Clark
et al.
1993; Wilson 1998b). The Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
, occur in prairie remnants with undisturbed (not disturbed in the last 10 years) subsoils (the layer of soil between the topsoil and bedrock) (Kagen and Yamamota 1987; USFWS 2003a; USFWS 2004a, 2004b).

Prairie habitat has been reduced to less than one percent of pre-settlement distribution (Hammond and Wilson 1993), making the ecosystem among the most endangered in the United States (Noss
et al.
1995). The decline in these habitats and their increased fragmentation have led to the decline of many native prairie plants and animals (Wilson 1998a, 1998b). The most noteworthy decline was that of Fender's blue butterfly, which was thought to be extinct for over 50 years before being rediscovered in Benton County, Oregon in the late 1980s (Schultz
et al.
2003; Wilson
et al.
2003).

Historically, prairie plant species, such as
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
, were scattered across the landscape in patches which were relatively close to each other (Jackson 1996; Schultz 1998; Severns 2003a). Today, few prairie habitat patches remain and most are threatened to varying degrees by the spread of exotic grasses and shrubs, and succession to forest (Hammond and Wilson 1993; Schultz
et al.
2003; Wilson
et al.
2003). As a result, many of the remaining populations of Fender's blue butterfly,
L. sulphureus
ssp.
kincaidii
, and
E. decumbens
var.
decumbens
are extremely small and isolated, further threatening the long-term persistence of these species (Jackson 1996; Schultz 1998; Schultz and Hammond 2003; Severns 2003a; Schultz
et al.
2003).

Fender's blue butterfly and Lupinus sulphureus ssp. kincaidii

The Fender's blue butterfly and
Lupinus sulphureus
ssp.
kincaidii
populations occur on early seral (one stage in a sequential progression) upland prairie habitat with plant species including, but not limited to:
Achillea millefolium
(common yarrow),
Aster hallii
(Hall's aster),
Brodiaea congesta
(Brodiaea),
Bromus carinatus
(California brome),
Calochortus tolmiei
,
Carex tumulicola
(splitawn sedge),
Cirsium callilepis
(fewleaf thistle),
Danthonia californica
,
Elymus glaucus
(blue wildrye),
Eriophyllum lanatum
,
Festuca californica
(California fescue),
Festuca roemeri
,
Fragaria virginiana
,
Geranium oreganum
(Oregon geranium),
Grindelia integrifolia
(gumweed),
Lomatium nudicaule
(barestemmed desert parsley),
Luzula campestris
(wood rush),
Prunella vulgaris
(common selfheal),
Sanicula crassicaulis
(Pacific blacksnakeroot),
Sidalcea virgata
(rose checkermallow and dwarf checkerbloom),
Silene hookeri
(Hooker's silene), and
Wyethia angustifolia
(California compassplant). Many of these associated species are considered indicators for this habitat type (Schultz and Dlugosch 1999; Schultz 2001; Schultz
et al.
2003; Wilson
et al.
2003).

L. sulphureus
ssp.
kincaidii
habitat is described as prairie or open areas, and this species is unable to survive prolonged periods of shade (Wilson
et al.
2003). This plant is a low-growing herbaceous perennial with large individual plant clones (Wilson
et al.
2003). Excavation efforts indicate that leaves 33 feet (10 m) or more apart can be interconnected by below ground stems, and the species is long-lived with lateral growth rates suggesting that some plants could be several decades old (Wilson
et al.
2003).
L. sulphureus
ssp.
kincaidii
clones are scattered in patches across the prairie habitat and intermixed with several other prairie-associated plant species.

Lupinus sulphureus
ssp.
kincaidii
is the primary host plant for the Fender's blue butterfly and is utilized by the butterfly as a larval food source and for oviposition (laying eggs) (Schultz
et al.
2003; Wilson
et al.
2003). The Fender's blue butterfly habitat requirements include a larval host plant, native forbs for adult nectar sources, and a mixture of native grasses that help maintain the short-grass stature of the upland prairies (Wilson
et al.
1997; Schultz 2001) essential to the survival of these shade intolerant species (Wilson
et al.
2003). Full sun conditions are necessary for adult butterflies to seek out nectar, search for a mate and disperse. The Fender's blue butterfly appears to have limited dispersal ability with most dispersing adults likely remaining within 1.2 miles (2 km) of their natal lupine patch (Schultz 1998). The maximum dispersal distance reported for the Fender's blue butterfly is 3.1 to 3.7 miles (5 to 6 km) (Hammond and Wilson 1992; Schultz 1998).

To simplify mapping efforts, Fender's blue butterfly occupancy has typically been recorded by simply reporting the location of occupied lupine patches (Schultz and Dlugosch 1999; Schultz 2001; Schultz
et al.
2003). Adult butterflies utilize a variety of prairie species in addition to the lupine habitat. Species occurrence information reported in the final listing rule was calculated by reporting the estimated area covered by the lupine, which considerably under-estimates the range of Fender's blue butterfly adults. For this proposed critical habitat designation, we have identified and report all known prairie habitat supporting Fender's blue butterfly populations, regardless of the presence or absence of lupine.

Fender's blue butterfly is currently found in 16 isolated populations comprising a total of approximately 3,388 ac (1,370 ha) of upland prairie habitat. The prairie habitat currently supporting this species is found in Yamhill, Polk, Benton, and Lane Counties, Oregon.
Lupinus sulphureus
ssp.
kincaidii
occurs in 76 upland prairie/savanna habitat patches, totaling approximately 1,150 ac (465 ha). The prairie habitat supporting this species is scattered across six counties (Lewis County, Washington, and Yamhill, Polk, Benton, Lane, and Douglas Counties, Oregon).

Erigeron decumbens var. decumbens

Erigeron decumbens
var.
decumbens
grows in wet prairies occurring on relatively impermeable soils with plant species including, but not limited to:
Anthoxanthum odoratum
,
Aster curtus
(white-top aster),
Aster hallii
(Hall's aster),
Brodiaea coronaria
(crown brodiaea),
Camassia quamash
(common camas),
Danthonia californica
(California oatgrass),
Deschampsia caespitosa
,
Festuca arundinacea
(tall fescue),
Grindelia integrifolia
(gumweed),
Holcus lanatus
(velvet grass),
Horkelia congesta
(Sierra horkelia),
Saxifraga integrifolia
(bog saxifrag),
Lomatium bradshawii
,
Luzula campestris
(wood rush),
Panicum capillare
(witchgrass),
Potentilla gracilis
(slender cinquefoil),
Prunella vulgaris
(common selfheal) and
Sisyrinchium angustifolium
(narrowleaf blue-eyed grass) (Clark
et al.
1993; Clark
et al.

1995a, 1995b; Jackson 1996; Clark 2000).
Erigeron decumbens
var.
decumbens
also grows in upland prairies as previously described (Clark
et al.
1993; Clark
et al.
1995a; Jackson 1996; Clark 2000).

Erigeron decumbens
var.
decumbens
typically occurs where woody cover is nearly absent and where herbaceous vegetation cover is low in stature relative to the surrounding areas (Clark
et al.
1993).
Erigeron decumbens
var.
decumbens
is a low growing (6-24 inches (15-60 cm) herbaceous perennial occurring in clumps of genetically identical ramets (i.e., a vegetatively reproduced copy of the parent plant) that are typically patchy in distribution across the prairie habitat (Clark
et al.
1993). These plants are intermixed with several associated species which are considered indicator species for the prairie habitat (Clark
et al.
1993).

Erigeron decumbens
var.
decumbens
occurs in 32 wet and upland prairie patches, totaling 1,193 ac (483 ha). This species currently occurs in Benton, Lane, Linn, Marion, and Polk Counties, Oregon.

The historic wide spread distribution of continuous prairie habitat allowed the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
to function as metapopulations (Jackson 1996; Schultz 1998; Schultz
et al.
2003; and Severns 2003a). Currently, populations are mostly isolated from neighboring populations and interactions between them are thought to be rare events (Jackson 1996; Schultz 1998; Severns 2003a). Recovery of all three species will require reestablishment of functioning habitat networks that support multiple, connected populations (Kaye, in litt., 2005; Schultz
et al.
2003; Severns 2003a). In this document we refer to these functioning habitat networks as metapopulations.

Previous Federal Actions

The Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
were listed on January 25, 2000. For more information on previous Federal actions concerning the Fender's blue butterfly,
L. sulphureus
ssp.
kincaidii
and
E. decumbens
var.
decumbens
, refer to the final listing rule published in the
Federal Register
on January 25, 2000 (65 FR 3875.)

On April 23, 2003, a complaint was filed against the Service (CV 03 513 JE (D. Or.)) for failure to designate critical habitat for the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
. In December 2003, a settlement agreement resulted in a schedule for the Service to submit a proposed critical habitat rule to the
Federal Register
by October 15, 2005, and a final rule by October 15, 2006.

Critical Habitat

Critical habitat is defined in section 3 of the Act as—(i) The specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (I) essential to the conservation of the species and (II) that may require special management considerations or protection; and (ii) specific areas outside the geographic area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. “Conservation” means the use of all methods and procedures that are necessary to bring an endangered or a threatened species to the point at which listing under the Act is no longer necessary.

Critical habitat receives protection under section 7 of the Act through the prohibition against destruction or adverse modification of critical habitat with regard to actions carried out, funded, or authorized by a Federal agency. Section 7 requires consultation on Federal actions that are likely to result in the destruction or adverse modification of critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation does not allow government or public access to private lands.

To be included in a critical habitat designation, the habitat within the area occupied by the species at the time of listing must first have features that are “essential to the conservation of the species.” Critical habitat designations identify, to the extent known using the best scientific and commercial data available, habitat areas that provide essential life cycle needs of the species (
i.e.
, areas on which are found the primary constituent elements, as defined at 50 CFR 424.12(b)).

Habitat occupied at the time of listing may be included in critical habitat only if the essential features thereon may require special management or protection. Thus, we do not include areas where existing management is sufficient to conserve the species; as discussed below, such areas may also be excluded from critical habitat pursuant to section 4(b)(2). Specific areas outside the geographical area occupied by the species at the time it is listed may be designated as critical habitat, in accordance with the provisions of section 4 of the Act, upon a determination by the Secretary that such features are essential for the conservation of the species.

The Service's Policy on Information Standards Under the Endangered Species Act, published in the
Federal Register
on July 1, 1994 (59 FR 34271), and Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) and the associated Information Quality Guidelines issued by the Service, provide criteria, establish procedures, and provide guidance to ensure that decisions made by the Service represent the best scientific and commercial data available. They require Service biologists to the extent consistent with the Act and with the use of the best scientific and commercial data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat. When determining which areas are critical habitat, a primary source of information is generally the listing package for the species. Additional information sources include the recovery plan for the species, articles in peer-reviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, biological assessments, or other unpublished materials and expert opinion or personal knowledge. All information is used in accordance with the provisions of Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) and the associated Information Quality Guidelines issued by the Service.

Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific data available. Habitat is often dynamic, and species may move from one area to another over time. Furthermore, we recognize that designation of critical habitat may not include all of the habitat areas that may eventually be determined to be necessary for the recovery of the species. For these reasons, critical habitat designations do not signal that habitat outside the designation is unimportant or may not be required for recovery. Most populations of Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
have not been studied well enough to determine how to restore functioning metapopulations in these highly fragmented prairie remnants. Although it is generally understood that recovery of remaining populations will involve expanding existing populations,

increasing connectivity, and/or improving habitat quality (Clark
et al.
1995b; Schultz
et al.
2003; Severns 2003a; Wilson
et al.
2003), additional information is needed to determine the most appropriate restoration design (Schultz
et al.
in prep.). Since each of the remaining populations occur in a unique habitat setting, habitat analyses will likely need to be completed to determine which lands are suitable for expanding populations, increasing connectivity, and reestablishing functioning metapopulations. For many populations of Fender's blue butterfly,
L. sulphureus
ssp.
kincaidii
and
E. decumbens
var.
decumbens
, we do not have the information necessary to specifically identify additional areas needed to increase connectivity between populations and establish larger metapopulations. If new information becomes available identifying additional features essential to the conservation of these species, we will reevaluate the critical habitat designation.

Areas that support populations, but are outside the critical habitat designation, will continue to be subject to conservation actions implemented under section 7(a)(1) of the Act and to the regulatory protections afforded by the section 7(a)(2) jeopardy standard, as determined on the basis of the best available information at the time of the action. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, habitat conservation plans, or other species conservation planning efforts if new information available to these planning efforts calls for a different outcome.

Methods

As required by section 4(b)(1)(A) of the Act, we use the best scientific and commercial data available in determining areas that contain the features that are essential to the conservation of the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
.

We have reviewed available information that pertains to the habitat requirements of these species and evaluated all known species locations using data from the following sources: Spatial data for known species locations from the Oregon Natural Heritage Information Center (ORNHIC 2004), Washington Natural Heritage Program (WNHP 2005), U.S. Army Corps of Engineers (Corps 2004), and Bureau of Land Management (BLM 2005); United States Geological Survey (USGS 2000) 1:24,000 scale 3.75 digital orthophotographic quarter quadrangle images; recent biological surveys and reports; site-specific habitat evaluations (USFWS 2003a; USFWS 2004a, 2004b, 2004e); data in reports submitted during section 7 consultations and by biologists holding section 10(a)(1)(A) recovery permits; research published in peer-reviewed articles and presented in academic theses or reports; recovery team meeting notes; and discussions with species experts. We are not proposing to designate areas outside the geographic area occupied by the species.

Primary Constituent Elements

In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12, in determining which areas to propose as critical habitat, we are required to base critical habitat determinations on the best scientific and commercial data available and to consider those physical and biological features (primary constituent elements (PCEs)) that are essential to the conservation of the species, and that may require special management considerations and protection. These include, but are not limited to: Space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, and rearing (or development) of offspring; and habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species. We are requesting specific information from the public on the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
, and
Erigeron decumbens
var.
decumbens
and its habitat, and which habitat or habitat components (i.e., physical and biological features) are essential to the conservation and why.

The specific primary constituent elements required for the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
are derived from the biological needs of these species as described in the Background section of this proposal with specific requirements described below.

Space for Individual and Population Growth and Normal Behavior

Fender's blue butterfly

Historically, the Willamette Valley was a mosaic of upland and wetland prairie, with lupine patches rarely more than 0.3 miles (0.5 km) apart, providing a high probability that the Fender's blue butterfly could disperse between patches (Schultz 1998). Habitat fragmentation has isolated the remaining populations of Fender's blue butterfly to such an extent that dispersal among suitable habitat patches is now likely a rare event (Schultz 1998) which increases the risk of inbreeding depression (Schultz
et al.
2003). The rarity of host lupine patches and habitat fragmentation are the major ecological factors limiting reproduction, dispersal, and subsequent colonization of new habitat (Hammond and Wilson 1992, 1993; Hammond 1994; Schultz 1997a; Schultz and Dlugosch 1999).

Conservation recommendations for recovering the Fender's blue butterfly include having enough high quality habitat to maintain viable populations across the range of the species (Schultz
et al.
2003). This will require habitat restoration to create new sites, expanding the size of existing sites and creating habitat networks that connect isolated populations (Schultz
et al.
2003). The largest remaining Fender's blue butterfly populations generally occur in the largest, most connected prairie remnants currently supporting the species (USFWS 2004a, 2004e). Schultz
et al.
(2003) found that under current conditions, even these largest Fender's blue butterfly populations have a poor chance of survival over the next 100 years.

The three largest known butterfly populations occur on prairie remnants with estimated areas of 251 ac (102 ha), 55 ac (22 ha), and 31 ac (13 ha) (Hammond 2004; Fitzpatrick 2005; USFWS 2004a, 2004e, 2005), respectively. Although the prairie habitat supporting these populations is threatened to varying degrees by invasive species and woody succession, it also appears to have the highest diversity of native plant species. Large habitat patches tend to support higher native species diversity (Noss and Cooperrider 1994) and the Fender's blue butterfly depends on a diversity of native plant species for survival (Wilson
et al.
1997).

To promote successful dispersal between lupine patches and reestablish functioning metapopulations, Fender's blue butterly will likely require stepping-stones of lupine patches that are close enough together for dispersing butterflies to have a high probability of finding them (Schultz 1998). This conservation reserve strategy is superior to narrow linear corridors because Fender's blue butterfly flight patterns into non-lupine habitat make it unlikely

they would stay in a narrow corridor (Schultz 1998). Reestablishing stepping stones of lupine habitat between existing populations increases the likelihood that dispersing individuals will move from one large lupine patch to the next (Schultz 1998). Lupine patches should be less than 0.6 mile (1 km) from their nearest neighbor (Schultz 1998; Schultz 2001; Schultz and Crone 2005) to restore functioning metapopulations for the Fender's blue butterfly and ensure the long-term persistence of this species (Schultz
et al.
2003).

Recovery of the Fender's blue butterfly will require ten functioning metapopulations that are distributed across the range of the species. All of the reserve metapopulations will need to consistently maintain a sufficient number of individuals and a minimum growth rate for 10-15 consecutive years. In addition to the above draft criteria, three of the metapopulations will need to be larger (larger areal extent), functioning metapopulations (Schultz
et al.
, in litt., 2005). The three areas with the highest likelihood of fostering large, functioning metapopulations are lands owned by The Nature Conservancy (TNC) in Eugene, Oregon, the Baskett Slough National Wildlife Refuge populations, and the areas currently supporting the Wren, Oregon, populations.

Lupinus sulphureus ssp. kincaidii

For many organisms that are patchily distributed, the minimum viable population will often depend on both the occupied and surrounding unoccupied habitat that is protected and managed for the species (Nunny and Campbell 1993). Plant populations often occupy only small regions of the available habitat at any one period, and this pattern is very relevant to their conservation (Menges 1991). The habitat between plant patches is often utilized for seedling establishment (Wilson 1998b) and, as such, may be necessary for the long-term perseverance of the species (Nunny and Campbell 1993).

Native upland prairies are low-growing plant communities dominated by bunchgrasses with open spaces occurring between plants (Wilson 1998a, 1998b). Spaces between bunchgrasses remain available for the vegetative spread of lupine and seedling establishment necessary for expanding population size and increasing population viability. In addition to providing space for population growth, larger prairie habitats provide opportunity for population expansion because the native grasses and forbs maintain the short-grass prairie stature and provide the full sun conditions necessary for the species to grow and expand into surrounding habitat (Wilson 1998a).

Lupinus sulphureus
ssp.
kincaidii
populations exhibit typical signs of inbreeding depression (a process that weakens plant fitness through repeated generations of inbreeding), such as low seed production, which is attributed to the small size and isolated nature of the species' current distribution (Severns 2003a; Wilson
et al.
2003). Insect outcrossing pollination (the transfer of pollen from the flower of one plant to the flower of another plant of the same species) has been documented as necessary for successful seed production in
L. sulphureus
ssp.
kincaidii
(Wilson
et al.
2003). Since
L. sulphureus
ssp.
kincaidii
is a long lived perennial that grows to more than 20 m in diameter, and observations suggest that lupine patches are either one individual or a few closely related individuals (Severns 2003a), successful outcrossing pollination will require large populations with many individuals or multiple plant patches of unrelated individuals that are functionally connected (i.e., they are in close enough proximity that pollinators will regularly move between the patches). The number of
L. sulphureus
ssp.
kincaidii
patches occurring within prairie remnants has been positively correlated with increased seed production, likely because larger populations have a higher density of floral displays and attract more pollinators (Severns 2003a). Since population size appears to be important for visibility to pollinators and the successful reproduction of
L. sulphureus
ssp.
kincaidii
, increasing the size of existing populations will play a role in recovering this species (Severns 2003a).

Habitat management recommendations for the conservation and recovery of
Lupinus sulphureus
ssp.
kincaidii
include expanding the size of existing populations by augmenting them with individuals from other plant populations (Severns 2003a). The prairie habitat occurring between existing lupine patches will be necessary to provide space for augmentations which is expected to reduce the effects of inbreeding depression. Smaller distances between plant patches increase the likelihood of outcrossing as insect pollinators more readily travel among nearby patches to transfer pollen between individual plants. The stepping-stone reserve design recommended for Fender's blue butterfly will also benefit
L. sulphureus
ssp.
kincaidii
by increasing opportunity for pollen transfer between existing plant patches and allow current small populations to function together as larger ones (Severns 2003a; Wilson
et al.
2003).

Draft recovery criteria for the
Lupinus sulphureus
ssp.
kincaidii
include having reserves established across the historic range of the species with populations larger than 0.25 ac (0.1 ha) of lupine cover and within 5 miles (8 km) of neighboring populations (Gisler
et al.
, in litt., 2005). An area-based measurement is used for minimum patch size due to the difficulty of counting individual plants of this clonal species. The 5 mile (8 km) criterion is based on the estimated pollinating distance of the honeybee (
Apis mellifera
), which is the primary pollinator of this species (Gisler
et al.
, in litt., 2005). These criteria are expected to promote larger functioning metapopulations, with increased population sizes and genetic diversity, which in turn, promotes long-term population viability and species conservation.

Erigeron decumbens var. decumbens

Erigeron decumbens
var.
decumbens
populations are currently vulnerable to inbreeding depression throughout their range because they occur in small, isolated habitat patches (Jackson 1996). Jackson (1996) documents that conservation plans for the wet prairie habitat must emphasize connections, corridors, and large areas of contiguous habitat. Clark
et al.
(1993) identified habitats critical for the conservation of
E. decumbens
var.
decumbens
and recommends protecting sites harboring large populations of native plants, prairie habitat providing physical links between
E. decumbens
var.
decumbens
populations, and potential sites for restoration in order to reduce the current threats to survival (Clark
et al.
1993).

E. decumbens
var.
decumbens
populations are typically distributed in clumps scattered across the prairie habitat and dispersed among other prairie indicator species (Clark
et al.
1993). Larger prairie remnants are more likely to provide the conditions necessary to support population growth because the native species composition maintains the light and composition necessary for this species to persist and expand. Conservation measures documented as necessary for maintaining and increasing the few remaining populations of
E. decumbens
var.
decumbens
include promoting conditions for natural regeneration as well as possibly augmenting small populations with propagated

individuals (Clark
et al.
1995b). Open spaces between bunch grasses allow
E. decumbens
var.
decumbens
to expand within a habitat patch and larger prairie remnants provide the area necessary to use propagated individuals for population augmentation.

Draft recovery criteria for the
Erigeron decumbens
var.
decumbens
include the establishment of reserves comprised of populations larger than 200 plants and within 5 miles (8 km) of neighboring populations, across the historic range of the species (Robinson
et al.
, in litt., 2005).
E. decumbens
var.
decumbens
population estimates are typically reported by counting plant clumps as individual plants and therefore, a minimum number of individuals has been identified in the draft recovery criteria (Robinson
et al.
, in litt., 2005).

Food

The Fender's blue butterfly uses
Lupinus sulphureus
ssp.
kincaidii
,
L. arbustus
(spur lupine) and
L. albicaulis
(sickle-keeled lupine) as larval host plants. Adult Fender's blue butterflies require several forbs for nectar (Schultz and Dlugosch 1999; Schultz
et al.
2003). Specific adult nectar sources include:
Allium acuminatum
(tapertip onion),
Allium amplectans
(narrowleaf onion),
Calochortus tolmiei
(Tolmie's mariposa lily),
Eriophyllum lanatum
(woolly sunflower),
Sidalcea campestris
(Meadow checkermallow),
Sidalcea virgata
(rose checker-mallow),
Vicia sativa
(common vetch) and
V. hirsuta
(tiny vetch). These exotic vetches (V. sativa and V. hirsuta) are heavily used at many sites but they are considered a lower quality source of nectar (Schultz and Dlugosch 1999).

Light

As previously described, all three species are early seral and occur in open areas. Willamette Valley grasslands have been described as a mixture of wet and upland prairie, and oak/savanna habitat having a relatively open canopy cover (Altman
et al.
2001; Chappell
et al.
2001). These open areas were historically maintained by the indigenous people of the Willamette Valley who seasonally burned the land to facilitate hunting and gathering of food (Clark
et al.
1995b; Clark 2000; Jackson 1996; Schultz
et al.
2003; Wilson
et al.
2003). The fires prevented the widespread abundance of woody species and maintained the openness needed for early seral species to persist (Jackson 1996; Schultz
et al.
2003; Wilson
et al.
2003). Change in this historic disturbance regime has allowed shrubs and trees to invade many prairies and oak/savannas.

Populations of Fender's blue butterfly and
Lupinus sulphureus
ssp.
kincaidii
historically occurring in the oak/savannas were probably the first to be lost to succession and development, with most of the remaining populations found in the valley floor prairies.
L. sulphureus
ssp.
kincaidii
and many of the Fender's blue butterfly nectar sources do not tolerate the decrease in available light that results from increased canopy closure as prairies gradually grow into woodlands in the absence of disturbance (Schultz
et al.
2003).
Erigeron decumbens
var.
decumbens
typically occurs where woody cover is nearly absent and where herbaceous vegetation cover is low in stature relative to the surrounding areas (Clark
et al.
1993).

Native Willamette Valley prairies are predominantly low-stature communities with most plant foliage occurring within 8 inches (20 cm) of the soil, but with flowering stalks of some of the grasses reaching up to 59 inches (150 cm) in height (Wilson 1998a, 1998b). Maintaining the stature of the prairie habitat that surrounds the patches of
Lupinus sulphureus
ssp.
kincaidii
and
E. decumbens
var.
decumbens
is essential for the conservation of not only the plants but also the Fender's blue butterfly (Schultz
et al.
2003). The butterfly is more vigorous in the full sun of open habitats which provide conditions that promote nectaring and ovipositioning (Schultz
et al.
2003).

Populations of
Lupinus sulphureus
ssp.
kincaidii
occurring in Douglas County, Oregon, have been documented occurring in atypical habitat for the species (Barnes 2004). The Douglas County populations are in wooded areas with canopy cover ranging from 50 to 80 percent (Barnes 2004) and dominated by species such as:
Arbutus menziesii
(Pacific madrone),
Arctostaphylos columbiana
(hairy manzanita),
Calocedrus decurrens
(incense cedar),
Calochortus tolmiei
(Cat's ear, Tolmie star-tulip),
Canadanthus modestus
(giant mountain aster),
Ceanothus cuneatusa
(buckbrush),
Cerastium arvense
(field chickweed),
Cynosurus echinatus
(bristly dogstail grass),
Daucus carota
(Queen Anne's Lace, wild carrot),
Dichelostemma capitatum
(bluedicks),
Festuca californica
(California fescue),
Festuca roemeri
(Roemer's fescue),
Fragaria vesca
(woodland strawberry),
Hieracium albiflorum
(white hawkweed),
Holodiscus discolor
(oceanspray),
Lathyrus polyphyllus
(leafy pea),
Lonicera hispidula
(pink honeysuckle),
Pinus ponderosa
(ponderosa pine),
Pseudotsuga menziesii
(Douglas fir, Doug fir),
Quercus kelloggii
(California black oak),
Rubus ursinus
(California blackberry),
Sanicula crassicaulis
(Pacific blacksnakeroot),
Symphoricarpos albus
(snowberry),
Torilis arvensis
(spreading hedgeparsley),
Toxicodendron diversilobum
(poison oak),
Vicia americana
(American vetch), and
Whipplea modesta
(common whipplea).

Moisture

Plant communities in prairie ecosystems vary mainly due to differences in moisture and these moisture differences are a result of elevation, slope, and soil permeability (Jackson 1996). The Willamette Valley prairies have been categorized into two habitat types, wet prairie and upland prairie (Jackson 1996). The wet prairie habitat is defined as areas of low relief, with poor drainage and hydric, clayey soils (Jackson 1996). This habitat type is dominated by bunchgrasses, most predominately
Deschampsia caespitosa
(Clark
et al.
1993; Jackson 1996). Jackson (1996) describes the term upland prairie as “misleading” because this habitat largely occurs on the valley floor. A few upland prairie habitat patches occur on colluvium upland soils (Jackson 1996), but many occur on soils not considered upland, such as terraces, alluvium, and even floodplain soils (Clark
et al.
1993; Jackson 1996; Wilson
et al.
2003). Although many of the habitat patches supporting the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
occur on the valley floor, they have been characterized as “upland prairies” because of their drier conditions which are attributed to better draining soils or topography (Jackson 1996). This upland prairie habitat is typically characterized by the vegetation that thrives in these well-drained conditions (associated species previously identified) (Jackson 1996).

Erigeron decumbens
var.
decumbens
grows in both wet and upland prairies. The populations occurring in wet prairies tend to occur in the driest portions of the wet prairie habitat.
E. decumbens
var.
decumbens
prefers the driest of habitats in which D. caespitosa can grow, and thus where
D. caespitosa
is sparse (Clark
et al.
1993).
Lupinus sulphureus
ssp.
kincaidii
populations occur predominately in upland prairie habitat with a few occurring in the transitional areas between wet and upland prairie habitats. The Fender's blue butterfly largely occurs in upland prairies, however several adult nectar sources occur in wet prairies and are utilized by the butterfly when wet

prairie patches are adjacent to lupine patches.

Reproduction

Fender's blue butterfly

Adult Fender's blue butterflies emerge in May and females lay their eggs on the underside of lupine leaves. The butterfly uses three lupine species as host plants for oviposition. A few weeks after oviposition, the eggs hatch and the larvae eat lupine leaves for a few weeks until the lupines senesce. After lupine senescence, the larvae enter an extended diapause which lasts until the following March. When the lupine plants resurface, the larvae emerge from the soil litter and begin eating the young lupine leaves until they pupate in mid-April (Schultz
et al.
2003). Adult females lay approximately 350 eggs (Schultz
et al.
2003) over their estimated 15-day lifespan. Of these eggs, approximately 1.5 will survive to adulthood, indicating that female fecundity is very low (Schultz 1998; Schultz
et al.
2003).

Native prairie composition, including short-stature grasses, provides the full sun conditions required for
Lupinus sulphureus
ssp.
kincaidii
plants to produce an abundance of leaves for Fender's blue butterfly to lay eggs upon, whereas invasive species often cover the lupine leaves making it difficult for the butterfly to oviposition. Native nectar sources have been documented as higher quality adult food sources and butterfly populations dependent on low quality exotic vetches, may spend more of their limited adult flight time nectaring, and less time ovipositioning (Schultz and Dlugosch 1999).

Schultz and Crone (2001) found that Fender's blue butterfly population patterns are influcenced by habitat patch size via residence time of female butterflies, where butterflies emigrate from smaller patches more quickly than they do from larger patches. This directly influences the numbers and spatial distribution of eggs, and therefore the future number of butterflies. Because Fender's blue butterflies only live for approximately two weeks, a change in residence time by a day markedly influences the distribution of eggs.

Lupinus sulphureus
ssp.
kincaidii

Lupinus sulphureus
ssp.
kincaidii
flowers possess a pump or piston arrangement for cross-pollination by insects, as is common in other lupines (Knuth 1906; Kaye 1999). Pollination of
L. sulphureus
ssp.
kincaidii
appears to be carried out by bees visiting the flowers and the relatively small flowers attract only small bees (Wilson
et al.
2003). Several bee species have been documented commonly visiting
L. sulphureus
ssp.
kincaidii
flowers, such as small bumblebees (
Bombus mixtus
and
B. californicus
), and the European honey bee (
Apis mellifera
). As described in Wilson
et al.
(2003), insect pollination appears to be critical for successful seed production in
L. sulphureus
ssp.
kincaidii
. The maturation of the flowers of
L. sulphureus
ssp.
kincaidii
promotes outcrossing pollination because of the way they mature from the bottom of the inflorescence to the top (Wilson
et al.
2003).

Studies indicate that inbreeding depression may limit the seed set and seed fitness of smaller lupine populations (Severns 2003a; Wilson
et al.
2003). Conserving
Lupinus sulphureus
ssp.
kincaidii
will likely require the outcrossing of populations by planting new individuals from different sources near existing populations and increasing pollinator connectivity between existing populations (Severns 2003a).

Erigeron decumbens
var.
decumbens

This species spreads vegetatively via rhizomes over short distances (about 4 inches (10 cm)) (Kaye 2000) and the plants often grow in clumps, making it difficult to distinguish individuals. Sexual reproduction is facilitated by insect pollination. Pollinators include species such as the field crescent butterfly (
Phyciodes campestris
), sweat bees (Halictidae spp.), and a syrphid fly (
Toxomerous occidentalis
) (Jackson 1996). Seeds are dispersed by wind but over very short distances (Clark
et al.
1993). Research indicates that scarification stimulates germination but the mechanism for seed coat scarification (scoring of the seed coat) in the wild is unknown (Clark
et al.
1995b). Germination of
Erigeron decumbens
var.
decumbens
seeds occurs mostly in April and May (Clark
et al.
1995b). Flowering is concentrated in June and early July, and seeds are dispersed in mid to late July (Ingersoll
et al.
1995).

Jackson (1996) reports that remaining populations of
Erigeron decumbens
var.
decumbens
may be experiencing reproductive difficulties because they are extremely small and isolated from one another. Gene flow between individuals of a sexually-reproducing species is requisite for their persistence (Jackson 1996). Research results indicate that the
E. decumbens
var.
decumbens
is at risk of inbreeding depression (Jackson 1996). To reduce this risk and to conserve the species, it will likely be necessary to increase the number of habitat patches located in close proximity to one another such that functioning metapopulations are restored. This population arrangement provides increased opportunity for insects to carry pollen between individual plants and increases the likelihood of reproductive success of
E. decumbens
var.
decumbens
.

Areas Representative of the Historic Geographical and Ecological Distributions of a Species

Fender's blue butterfly

Conservation recommendations for the Fender's blue butterfly include having a reserve design with a minimum of two populations for each occupied county (eight total) so that a local back-up is always available in case of site extirpations (Hammond and Wilson 1993). Draft recovery criteria for the Fender's blue butterfly include having ten Fender's blue butterfly metapopulations distributed across the historic range of the species before considering delisting (Schultz
et al.
, in litt., 2005). By maintaining viable metapopulations across the species' range, the distribution would be wide enough to buffer the species from catastrophes that may occur in portions of its range (Schultz
et al.
2003).

Recommendations for reserve design criteria for this species include preserving populations occurring under unique conditions as distinct ecological segregates (Hammond and Wilson 1993). Therefore, populations occurring in unique habitat conditions should be conserved across the range of the species, with a reserve design that provides “back-up” populations occurring in the same unique habitat conditions. For example, a few unique Fender's blue butterfly populations occur on valley hillsides that appear to be stable climax grasslands due to the presence of deep, fine-textured, self-mulching soils or xeric lithosols, while the vast majority of remaining sites occur on the valley floor under different habitat conditions (Hammond and Wilson 1993).

Lupinus sulphureus
ssp.
kincaidii

Lupinus sulphureus
ssp.
kincaidii
populations in Douglas County, Oregon and Lewis County, Washington, represent the furthest southern and northern extent of the current range, respectively. These populations are highly disjunct and isolated from the Willamette Valley populations with approximately 81 miles (131 km) between the northernmost Willamette Valley population to the Lewis County,

Washington population, and approximately 54 miles (87 km) separating Oregon's south Willamette Valley populations from the Douglas County populations.

The primary habitat for
Lupinus sulphureus
ssp.
kincaidii
is open upland prairie and meadow edges, often near oak trees with a relatively open canopy cover. Most of the Douglas County, Oregon, populations appear to tolerate more shaded habitat conditions with canopy cover of 50 to 80 percent (Barnes 2004). These plants are found in wooded areas dominated by
Pseudotsuga menziesii
(Douglas-fir),
Arbutus menziesii
(Pacific madrone), and other trees and shrubs (Barnes 2004). Because these populations represent the southern-most extent of this species' range, they may be adapted to tolerate more extreme habitat and/or other environmental conditions. Therefore, conservation of
L. sulphureus
ssp.
kincaidii
populations across their current range will require recovery units in Lewis County, Washington and Douglas County, Oregon, in addition to recovery units in the Willamette Valley, Oregon (Gisler
et al.
, in litt., 2005).

Erigeron decumbens var. decumbens

Erigeron decumbens
var.
decumbens
occurs on wetland prairie dominated by
Deschampsia caespitosa
. It also occurs on a few upland prairie sites characterized by a mix of native and non-native bunchgrasses (Jackson 1996; Clark 2000). Since this species occurs in both wet prairie and upland prairie habitat, conservation of representative populations in both of these habitat types is essential to the conservation of this species. As previously described, the long-term persistence of small populations will likely depend on augmentation with propagated individuals (Clark
et al.
1995b). Since there are very few surviving populations of
E. decumbens
var.
decumbens
and because they occur in both wet and upland prairie habitats, population augmentations must be sensitive to geographic variation in genotype and phynotype.

Although it may be possible to reestablish functioning metapopulations across the range of the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
, and
Erigeron decumbens
var.
decumbens
, it is highly unlikely that these metapopulations will ever be reconnected because of the distance between existing populations in an extremely fragmented landscape. Each metapopulation will therefore need to be independently viable, supporting multiple populations to reduce the risk of localized extinction.

With so few remaining populations of each of these species, losing any one of these populations through a natural or human-caused event will measurably increase the likelihood of extinction. For example, an accidental spraying of insecticide and/or herbicide on a Fender's blue butterfly and
Lupinus sulphureus
ssp.
kincaidii
population, could eliminate the entire population of one or both species. In December 2004, one of the core Fender's blue butterfly populations was significantly damaged by a herd of pigs that gained access into and rooted up a large area of occupied prairie habitat. Although the likelihood of such an event is variable and difficult to predict, the extant small populations are at high risk of extirpation if such an event were to occur.

Primary Constituents Elements for the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens

Based on our current knowledge of the life history, biology, and ecology of the species and the requirements of the habitat to sustain life history functions of the species, we have determined that the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens's
primary constituent elements (PCEs) are:

The PCEs for Fender's blue butterfly are:

(1) Early seral upland prairie, oak savanna habitat with undisturbed subsoils that provides a mosaic of low growing grasses and forbs, and an absence of dense canopy vegetation allowing access to sunlight needed to seek nectar and search for mates;

(2) Larval host-plants:
Lupinus sulphureus
ssp.
kincaidii, L. arbustus
, or
L. albicaulis
;

(3) Adult nectar sources, such as:
Allium acuminatum
(tapertip onion),
Allium amplectens
(narrowleaf onion),
Calochortus tolmiei
(Tolmie's mariposa lilly),
Camassia quamash
(small camas),
Cryptantha intermedia
(clearwater cryptantha),
Eriophyllum lanatum
(wooly sunflower),
Geranium oreganum
(Oregon geranium),
Iris tenax
(toughleaf iris),
Linum angustifolium
(pale flax),
Linum perenne
(blue flax),
Sidalcea campestris
(Meadow checkermallow),
Sidalcea virgata
(rose checker-mallow),
Vicia cracca
(bird vetch),
V. sativa
(common vetch) and
V. hirsute
(tiny vetch);

(4) Stepping stone habitat: Undeveloped open areas with the physical characteristics appropriate for supporting the short-stature prairie, oak/savanna plant community (well drained soils), within and between natal lupine patches (~1.2 miles (~2 km)), necessary for dispersal, connectivity, population growth, and, ultimately, viability.

The PCEs for
Lupinus sulphureus
ssp.
kincaidii
are:

(1) Early seral upland prairie, oak savanna habitat with a mosaic of low growing grasses, forbs, and spaces to establish seedlings or new vegetative growth, with an absence of dense canopy vegetation providing sunlight for individual and population growth and reproduction and with undisturbed subsoils and proper moisture and protection from competitive invasive species.

(2) The presence of insect outcrossing pollinators, such as
Bombus mixtus
and
B. californicus
, with unrestricted movement between existing lupine patches, critical for successful lupine reproduction.

The PCE for
Erigeron decumbens
var.
decumbens
is:

(1) Early seral upland prairie, oak savanna habitat with a mosaic of low growing grasses, forbs, and spaces to establish seedlings or new vegetative growth, with an absence of dense canopy vegetation providing sunlight for individual and population growth and reproduction and with undisturbed subsoils and proper moisture and protection from competitive invasive species.

Criteria Used To Identify Critical Habitat

We are proposing to designate critical habitat on lands that we have determined were occupied at the time of listing and contain the primary constituent elements for Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
. To identify areas of habitat containing the features essential for the conservation of all three species we selected areas that represent the current distribution of each species, are of sufficient quality (including size) to contribute to functioning metapopulations (which provide connectivity among core populations) or which represent unique ecological conditions. This approach is consistent with the general principles of conserving rare and endangered species and their habitats (Gilpin and Soule 1986; Goodman 1987a, 1987b; Stacey and Taper 1992; Lesica and Allendorf 1995; Falk
et al.
1996; Fahrig 1997; Noss and Csuti 1997; Huxel and Hastings 1998; Redford and Richter 1999; Debinski and Holt 2000; Donaldson
et al.
2002; Schultz
et al.
2003; Wilson
et al.
2003; Severns 2003a).

We selected areas across the current distribution of Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and

Erigeron decumbens
var.
decumbens
. Species protected across their range face a lower risk of extinction than those protected in portions of their range (Soule and Simberloff 1986). This fundamental tenet of conservation biology is reflected in the draft recovery criteria and other reports for the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
, which document the need for functioning metapopulations distributed across the current range of these species (Hammond and Wilson 1993; Schultz
et al.
2003; Schultz
et al.
, in litt., 2005; Gisler
et al.
, in litt., 2005; Robinson
et al.
, in litt., 2005).

We selected occupied areas exhibiting the highest quality habitat by evaluating the following factors for each known occurrence: The presence of prairie indicator species, amount of habitat degradation (exotic species and succession to shrubs and trees), population size, and available surrounding prairie habitat to support population growth. Specifically, we selected occupied prairie habitat rated as moderate to high quality (USFWS 2004a and 2004b; USFWS 2005). Moderate quality habitat is defined as those areas supporting a minimum of three prairie indicator species, providing adequate available habitat for population growth (surrounded by short-grass prairie habitat) and areas where habitat management activities would be effective at controlling threats. By identifying the highest quality occupied areas with supporting habitat available for population growth and expansion these areas are of sufficient size and quality to maintain viable populations.

We then selected areas that provide for population connectivity. Fender's blue butterfly habitat needs to be connected, ideally in a stepping-stone arrangement, to provide gene flow and demographic interaction between populations (Schultz 1998; Crone and Schultz 2003; Schultz
et al.
2003; Schultz and Crone 2005). This connectivity is central to maintaining functioning metapopulations which are at lower risk of extinction than populations that do not interact. Reserves composed of functioning metapopulations increase the likelihood that recolonization of individual populations will occur following local extinctions (Huxel and Hastings 1998) or that populations with depressed gene pools will be “rescued”, and reduce the risk of inbreeding depression, as previously described in the Space for Individual and Population Growth and Reproduction section.

We selected areas across a wide range of habitat conditions (e.g.,
Erigeron decumbens
var.
decumbens
populations occurring in upland prairie habitat tolerate drier conditions than wet prairie
Erigeron decumbens
var.
decumbens
populations). Fahrig and Merriam (1994) recommended conservation of species across the variety of habitats in which they are found to reduce the chance of losing disjunct populations which may have a unique phenotype, genotype, or adaptations to local environmental conditions.

All sites selected based on the above principles were then screened with the following criteria which were used to evaluate all occupied areas supporting the PCEs to delineate the habitat containing the features essential to the conservation of the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
:

(1) We used our best professional judgment to select all prairie remnants supporting core populations distributed across their respective ranges. Based on site-specific evaluations completed during field verification of occurrence data (USFWS 2003a, 2004a, and 2004b) and various scientific reports (Severns 2004; Hammond 2004; Fitzpatrick 2005; BLM 2005; Kuykendall and Kaye 1993a, 1993b; Clark
et al.
1993), core sites were identified as the highest quality sites which significantly contribute towards both local metapopulation function and range wide distribution.

From the areas selected according to the above principles, we eliminated some areas from further consideration if they did not contain features essential for the conservation of the species because: (1) The area was highly degraded and may not be restorable; and (2) the area was small, highly fragmented, or isolated such that it would provide little or no long-term conservation value.

(2) In addition to habitat patches meeting criteria 1 above, we evaluated all populations that were in close proximity (1.2 miles (2 km) for Fender's blue butterfly and 5 miles (8 km) for both plant species) to core populations. Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
all require functioning metapopulations to ensure long-term persistence. Therefore, areas that provide stepping-stone habitat between two core populations of each species are necessary for the conservation of these species. These areas include habitat patches meeting the criteria below:

(a) For
Lupinus sulphureus
ssp.
kincaidii
, we selected areas supporting at least 0.25 ac (0.1 ha) of plant cover located within 5 miles (8 km) of core populations;

(b) For
Erigeron decumbens
var.
decumbens
, we selected areas supporting a minimum of 200 plants (estimated to be 0.6 ac (0.24 ha) based on average density (Clark
et al.
1993)) located within 5 miles (8 km) of core populations;

(c) For Fender's blue butterfly, we selected areas within 1.2 miles (2 km) of a core Fender's blue butterfly population and between two Fender's blue butterfly populations.

(3) To select areas in atypical ecological settings we used the following criteria:

(a) For Fender's blue butterfly we selected populations occurring on valley hillsides that may be climax grasslands;

(b) For
Erigeron decumbens
var.
decumbens
we selected populations on wet and upland prairie habitats;

(c) For
Lupinus sulphureus
ssp.
kincaidii
we selected populations in Douglas County, Oregon, where plants tend to be more shade tolerant.

Applying the Criteria

The PCEs were examined in combination with habitat maps, land use maps, aerial photographs, and occurrence data for populations meeting the above criteria to identify the extent of prairie habitat supporting viable species occurrences. Areas providing the physical and biological features essential to the conservation of these species were identified and the prairie habitat boundaries were digitized. Local land managers and scientific experts familiar with the prairie habitat patches were then asked to review prairie mappings to ensure that only areas able to support Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
were included within our prairie boundaries. The proposed critical habitat units were then delineated by overlaying those extant species locations meeting criteria 1-3 above, and mapping prairie boundaries onto 2000 USGS 1:24,000 scale 3.75 orthophotographic quadrangle images.

When determining proposed critical habitat boundaries, effort was made to avoid proposing the designation of developed areas such as buildings, paved areas, and other structures that lack PCEs for the Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
. Any such structures inadvertently left inside proposed

critical habitat boundaries are not considered part of the proposed unit.

Special Management Considerations or Protections

When designating critical habitat, we determine whether areas occupied at the time of listing and containing the primary constituent elements may require special management considerations or protections.

Maintenance of Open Habitat Conditions

Since most prairie habitat within the range of these species is early-successional, active management is necessary for the conservation of all populations of Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
that occur in the proposed units described below. Without active management or natural disturbance, many populations may be lost to habitat succession (Wilson 1998a, 1998b; Wilson
et al.
2003) as trees and shrubs grow and outcompete early seral plants and shade-out or crowd-out important early seral species such as
L. sulphureus
ssp.
kincaidii, E. decumbens
var.
decumbens
and Fender's blue butterfly nectar sources. Left unmanaged, entire lupine populations in these early seral habitats may disappear (Wilson
et al.
2003).

Fender's blue butterfly and
Lupinus sulphureus
ssp.
kincaidii

Fender's blue butterfly and
Lupinus sulphureus
ssp.
kincaidii
populations respond positively to habitat restoration. Mowing, burning and mechanical removal of weeds, when done appropriately, have all been shown to benefit Fender's blue populations. At sites managed by TNC, the Fender's blue butterfly and
L. sulphureus
ssp.
kincaidii
populations increased following removal of noxious non-native plants such as:
Rubus discolor
(Himalayan blackberry) and
Cytisus scoparius
(Scotch broom) (Fitzpatrick 2005). Wilson and Clark (1997) studied the effects of controlled fire and mowing on Fender's blue butterfly and its native upland prairie at Baskett Slough National Wildlife Refuge in western Oregon. Although fire killed all larvae in treated patches, nearby unburned (untreated) patches provided a source of female Fender's blue butterflies that were able to recolonize the entire burned (treated) area. Wilson and Clark (1997) also found that Fender's blue butterfly eggs were 10 to 14 times more abundant in plots that were mowed or burned compared to undisturbed, control plots. Woody plants were reduced 45 percent with burning and 66 percent with mowing. At the Corps' Fern Ridge Reservoir, the Fender's blue population has increased dramatically since fall mowing of
L. sulphureus
ssp.
kincaidii
patches has been implemented. The abundance of Fender's blue butterfly eggs and
L. sulphureus
ssp.
kincaidii
have increased as blackberry bushes have been controlled in several test plots located on BLM lands in Eugene, Oregon (Kaye and Cramer 2003). In general, Fender's blue butterfly egg abundance increased substantially at sites treated to control non-native weeds (Schultz
et al.
2003).

Erigeron decumbens
var.
decumbens

Since periodic fire is believed to have historically maintained open prairie conditions, the use of prescribed burning as a maintenance tool has been investigated for restoring wet prairie habitats (Clark and Wilson 1998). Studies investigating the effects of fire on
Erigeron decumbens
var.
decumbens
populations have been inconclusive, as to whether fire promotes or inhibits populations (Wilson and Clark 1997). Additionally, research efforts investigating the control of woody vegetation in wet prairies demonstrated that none of the treatments (fire, mowing, and hand removal of woody vegetation) proved to be more effective than the others (Clark and Wilson 2000). Mowing with the removal of cut material actually increased the presence of non-native herbaceous species and should not be used as a management tool (Clark and Wilson 2000). Because
Erigeron decumbens
var.
decumbens
does not tolerate the presence of woody vegetation, habitat management will be required for the long-term persistence of this species. Further investigation is needed to determine the most appropriate techniques for managing available habitat. Also, due to the low reproductive capability of the species, recovery of the
E. decumbens
var.
decumbens
will likely depend on artificially augmenting populations in areas where woody vegetation has been removed (Clark 2000).

Reduce Habitat Fragmentation and Increase Population Size

The Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
, and
Erigeron decumbens
var.
decumbens
are at risk of inbreeding depression and site extirpation across their respective ranges because populations are small and isolated from one another (Jackson 1996; Schultz
et al.
2003, Severns 2003a, 2003b; Schultz
et al.
in prep). All three species will benefit from reestablishing prairie plant patches in close proximity to core populations. This will also establish reserve areas that may ultimately be needed for delisting (Gisler
et al.
, in litt., 2005; Schultz
et al.
, in litt., 2005).

Efforts have been made to establish stepping-stones of lupine habitat between core Fender's blue butterfly populations occurring on BLM lands and Corps lands. A small patch of
Lupinus sulphureus
ssp.
kincaidii
planted in 2001 between two core Fender's blue butterfly populations became occupied by the species during the 2004 field season (Severns 2004). While inconclusive, this observation provides evidence that Schultz's (1998) recommended stepping-stone reserve design may allow for successful dispersal between populations (Severns 2004). Connectivity is considered essential to the survival of each of these populations (Schultz
et al.
in prep.; Severns 2004). The reserve design concept has been documented to likely benefit
L. sulphureus
ssp.
kincaidii
as well, since lupine patches located in close proximity to one another are more likely to be cross-pollinated.

Schultz
et al.
(in prep.) completed a study to determine if fragmented prairie remnants near Eugene, Oregon, can be restored to a large functioning metapopulation that will persist over the long-term. Several populations occur in this area but they are too far apart for the butterfly to disperse (greater than 1.2 miles (2 km)) and there are few intervening habitat patches. This study specifically looked at the conservation potential of restorable land located between the populations in a matrix of urban and agricultural land uses. Results of this study indicate that restoring existing prairie habitat to high quality may result in viable but unconnected populations unless habitat between populations is also reestablished.

Expanding
Erigeron decumbens
var.
decumbens
populations will require more investigation into the roles of sexual and vegetative reproduction of this species. If sexual reproduction proves to be most important for population recruitment, then mangers will need to focus on strategies that promote flowering, seed production, and seedling establishment (Clark 2000). However, if vegetative regeneration is predominant, then managers will need to focus on activities that promote ramet production (Clark 2000). Clark
et al.
(1995b) found that vegetative propagation is a viable technique for
E. decumbens
var.
decumbens
; populations may also be increased by sowing seeds under appropriate conditions, although this technique

appeared to be less effective than vegetative propagation.

Roadside, Power Right-of-Way, and Railroad Maintenance

Many remaining populations of Fender's blue butterfly and
Lupinus sulphureus
ssp.
kincaidii
, and
Erigeron decumbens
var.
decumbens
populations occur in road right-of-ways and are adversely affected by maintenance activities such as mowing and/or spraying of herbicides when applied at the wrong time of year. In general, these kinds of maintenance activities should be implemented between August 1 and March 15 to avoid adverse impacts to these species. A few
L. sulphureus
ssp.
kincaidii
populations along roads persist, likely because the routine maintenance provides open, full-sun conditions characteristic of
L. sulphureus
ssp.
kincaidii
habitat.

Protection

Several
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
populations occur on private lands and consequently remain unprotected under existing state or federal statutes because these laws do not protect listed plants on private lands (Wilson
et al.
2003). Limited protection of plant populations may be afforded under programs administered by the USDA Natural Resources Conservation Service, such as the Wetland Reserve Program. However, current program rules prioritize disturbed agricultural lands over prairie remnant habitats which limits the programs ability to protect existing plant populations since they typically do not occur in disturbed agricultural lands. Lacking statutory protection, Wilson
et al.
(2003) concluded that many of the plant populations occurring on private lands will likely be lost to development, agriculture, and invasion of weeds.

The Fender's blue butterfly is dependent primarily on
L. sulphureus
ssp.
kincaidii
as a larval food source and for egg laying (ovipositioning). When populations of
L. sulphureus
ssp.
kincaidii
are destroyed, it also reduces the opportunity to expand existing Fender's blue butterfly populations.

Proposed Critical Habitat Designation

We are proposing 13 units as critical habitat for Fender's blue butterfly, 16 units for
Lupinus sulphureus
ssp.
kincaidii
and 9 units for
Erigeron decumbens
var.
decumbens
(see Figure 1). The critical habitat units described below constitute our best assessment of the features essential to the conservation of the Fender's blue butterfly,
L. sulphureus
ssp.
kincaidii
, and
E. decumbens
var.
decumbens
that were occupied at the time of listing, that contain the primary constituent elements, and that may require special management.

BILLING CODE 4310-55-U

EP02NO05.000

Table 1 provides the approximate area (ac/ha) determined to contain the features essential to the conservation of Fender's blue butterfly,
Lupinus sulphureus
ssp.
kincaidii
and
Erigeron decumbens
var.
decumbens
and area proposed for exclusion from the final critical habitat designation by County. The approximate area encompassed within each proposed critical habitat unit is shown in Table 2.

EP02NO05.001

EP02NO05.002

EP02NO05.003

BILLING CODE 4310-55-C

Fender's blue butterfly proposed critical habitat encompasses 3,089 ac (1,250 ha); 36 percent of this area is on Federal land; less than 1 percent is State land, 2 percent is local government land, and 61 percent is private land. Proposed critical habitat for
Lupinus sulphureus
ssp.
kincaidii
encompasses 724 ac (293 ha). Federal lands comprise 23 percent of this proposed area; 1 percent is State land, less than 1 percent is local government land, and 76 percent is private land. Proposed critical habitat for
Erigeron decumbens
var.
decumbens
includes 718 ac (291 ha); 45 percent of this habitat is on Federal land, 1 percent is State land, 1 percent is local government land, and 53 percent is private land.

Fender's Blue Butterfly

In total, we are proposing 13 critical habitat units, each of which represents the areas of habitat containing the features essential to the conservation of existing core populations across the range of the species. Collectively, these units provide the foundation for 8 of the 10 Recovery Reserve areas. Each unit represents a core population that is currently isolated from other occupied areas and each unit was occupied at the time of listing. As previously identified, three of the Recovery Reserves will need to be large functioning metapopulations to be considered for delisting (Schultz
et al.
, in litt., 2005). Therefore, to simplify unit descriptions we have grouped units that with proper management and restoration may function as larger connected metapopulations. For many Recovery Reserves we do not have the information at this time to identify lands that provide stepping-stone habitat between units that will likely be needed to meet recovery goals. However, with proper management the proposed critical habitat will provide the necessary conditions to ensure Fender's blue butterfly populations will persist across their range.

Unit 1 for Fender's blue butterfly (Units FBB-1A and 1B):

Units FBB-1A and 1B encompass approximately 6.25 ac (2.5 ha) and 14 ac (5.75 ha) respectively, of private land occurring within northern Yamhill County and within the Oak Ridge Recovery Reserve boundaries identified in the draft recovery plan (Schultz
et al.
, in litt., 2005). The Oak Ridge butterfly population is supported by three separate habitat patches, and the population has been monitored annually for ten years (Hammond 2004). The population has become much larger over the last three years with an estimated 259 butterflies in 2004 (Hammond 2004). FBB-1A represents the northern most known occupied habitat patch in the current range of Fender's blue butterfly and occurs along both the east and west sides of Oak Creek Road. FBB-1B is located approximately 0.7 miles (1.1 km) south of FBB-1A along both the east and west sides of Oak Creek Road, near the junction with Fairdale Road. The prairie habitat within FBB-1A and FBB-1B includes the PCEs essential to the conservation of this core population, which represents the foundation for one of ten reserve complexes necessary for delisting this species (Schultz
et al.
, in litt., 2005).

In recent years the Oak Ridge butterfly metapopulation has been evenly distributed between the three lupine patches. However, ten years of monitoring reports for this population indicate that the number of individuals supported by each habitat patch has increased and decreased annually with one habitat patch disproportionately supporting the population each year. The population fluctuations documented at these sites are attributed to the following threats: Roadside maintenance, livestock grazing and presence of invasive species (Hammond 2004). The overall population has remained relatively stable, likely because its distribution between three habitat patches provides opportunity for recolonization of impacted habitat patches (Hammond 2004). The prairie habitat within and between FBB-1A and 1B should be managed to allow for growth and expansion of this relatively small population in order to consistently maintain the population growth rate necessary for Recovery Reserves.

This unit provides the habitat containing the features that are essential for the continued persistence of the core population in this portion of the species' range. Establishing stepping-stone habitat between FBB-1A and 1B will contribute towards a more connected functioning metapopulation. However, at this time we do not have enough information to identify additional potential habitat for population expansion that may be necessary to meet delisting criteria. The prairie habitat identified in FBB-1A and 1B has the features essential to the conservation of this species because it has one of the largest remaining Fender's blue butterfly metapopulations; it is supported by its primary host plant,
Lupinus sulphureus
ssp.
kincaidii
; it occurs at the northern most extent of the species range (Hammond 2004); and there is surrounding prairie habitat available for population expansion.

Unit 2 for Fender's blue butterfly (Unit FBB-2):

Unit FBB-2 consists of approximately 51 ac (21 ha) of private lands within southern Yamhill County and occurs within the Gopher Valley Recovery Reserve boundaries identified in the draft recovery plan (Schultz
et al.
, in litt., 2005). The Gopher Valley butterfly population has been monitored annually for ten years (Hammond 2004) and has remained stable with a relatively low number of individuals consistently being reported (as compared to other stable populations) (Hammond 2004). The
Lupinus sulphureus
ssp.
kincaidii
habitat supporting this population occurs in two habitat patches scattered along the east and west sides of Gopher Valley Road. The largest distance separating lupine patches is approximately 0.12 miles (0.2 km). This population is threatened by the limited availability of nectar sources, presence of invasive species, and roadside maintenance activities.

With the proper management of the prairie habitat surrounding the population located within the FBB-2 unit boundary, this area should provide opportunity for population growth and expansion of both Fender's blue butterfly and
Lupinus sulphureus
ssp.
kincaidii.
Unit FBB-2 provides ease of Fender's blue butterfly movement between lupine habitat patches, and to all the features essential to the conservation of the species. The area identified within the boundaries of FBB-2 provides the foundation for the Gopher Valley Recovery Reserve (Schultz
et al.
, in litt., 2005). The prairie habitat identified in FBB-2 has the features essential to the conservation of this species because it is one of the largest remaining Fender's blue butterfly populations in this portion of its range; it is supported by its primary host plant; it provides the foundation for the existence of the species in this portion of its range (Hammond 2004); and there is surrounding prairie habitat available for population expansion.

Unit 3 for Fender's blue butterfly (Unit FBB-3):

Unit FBB-3 encompasses approximately 3.65 ac (1.5 ha) of primarily state-owned lands within northern Polk County and occurs within the Mill Creek Recovery Reserve boundaries identified in the draft recovery plan (Schultz
et al.
, in litt., 2005). The Mill Creek butterfly population has been monitored annually for ten years (Hammond 2004) and the overall number of individuals has increased over the past three years (Hammond 2004). The lupine habitat supporting this population occurs in two patches scattered along the northeast and southwest sides of Highway 22, near the intersection with Mill Creek Road. The Oregon Department of Transportation (ODOT) owns most of the habitat supporting this population. Hammond (2004) documents the history of threats to this unit, largely the presence of invasive grasses and shrubs that have overgrown the habitat, suppressing the lupine and
Erigeron decumbens
var.
decumbens
populations occupying this prairie remnant.

Mowing activities implemented by ODOT in 2000 resulted in a large growth flush of
Lupinus sulphureus
ssp.
kincaidii
and Fender's blue butterfly. This demonstrates that appropriate management of this site should provide the habitat essential for population growth and expansion and ultimately the survival of this population. Due to the limited availability of supporting prairie habitat, and the existing habitat being divided by the highway, this population will likely need to be augmented with other areas to meet Recovery Reserve criteria. However, at this time we do not have enough information to identify potential habitat for population expansion. It is possible that other populations occur nearby because the surrounding areas support large open areas that have yet to be surveyed. The prairie habitat identified in FBB-3 has the features essential to the conservation of this species because it is supported by its primary host plant; the population size has been increasing over the last few years; it is one of the largest remaining Fender's blue butterfly populations in this portion of its range and it provides the core metapopulation for the Mill Creek Recovery Reserve (Schultz
et al.
, in litt., 2005).

Unit 4 for Fender's blue butterfly (Units FBB-4A and 4B):

Units FBB-4A and 4B encompass approximately 536 ac (217 ha) and 629 ac (254 ha) respectively, of private and

Federal land occurring within northern Polk County and within the Baskett Recovery Reserve boundaries identified in the draft recovery plan (Schultz
et al.
, in litt., 2005). Units FBB-4A and 4B are located adjacent to Highway 22 approximately 5.5 miles (8.8 km) northeast of the City of Dallas. Units FBB-4A and 4B are approximately 0.12 miles (0.2 km) apart with predominately agricultural lands occurring between these populations. An estimated 64 percent of the habitat encompassed within Unit FBB-4 occurs within the boundaries of the Service's Baskett Slough National Wildlife Refuge (Refuge) and approximately 36 percent of the prairie habitat occurs on adjacent private lands. Refuge biologists have documented the occurrence of the PCEs throughout the habitat within FBB-4A and 4B and also the Fender's blue butterfly's utilization of these areas (USFWS 2005).

Many of the populations occurring in FBB-4A have been monitored annually for ten years (Hammond 2004), and populations occupy ten separate patches of
Lupinus arbustus
which are scattered across the unit. Recent survey results indicate that this metapopulation increased dramatically in size during 2003-2004 (Hammond 2004). The total metapopulation size was estimated at 223 individuals in 2001 and approximately 1,368 individuals in 2004. This large surge in population is likely the result of both favorable weather conditions and habitat management activities implemented by Refuge staff during the 2001-2002 field seasons (Hammond 2004). Habitat conditions had steadily declined between 1993 and 2001 due to encroachment of grasses and brush in the upland prairie habitat (Hammond 2004). These habitat conditions had adversely impacted not only the Fender's blue butterfly but also the population of
Erigeron decumbens
var.
decumbens
supported within FBB-4A.

Unit FBB-4 (FBB-4A and 4B) supports the largest known Fender's blue butterfly metapopulation and the largest contiguous occupied prairie patch in the range of the species. This relatively large, contiguous prairie habitat is one of a few occupied remnants occurring on valley hillsides, with most remaining populations occurring on the valley floor. The open nature of the lands occurring between FBB-4A and 4B increases the potential for individuals to successfully disperse between habitat patches. Based on recent population increases, it is likely that with the continued management of invasive species across FBB-4A and 4B these units could support one of the three “large functioning metapopulations” required for delisting (Schultz
et al.
, in litt., 2005) of the Fender's blue butterfly. Each of the required large functioning reserves is distributed across the species' range with this metapopulation occurring in the northern region. This unit has the features essential to the conservation of the species because it supports the largest known metapopulation, consists of ten connected populations and provides an abundance of nectaring and dispersal habitat that allows for population growth and expansion.

Unit 5 for Fender's blue butterfly (Unit FBB-5):

Unit FBB-5 consists of approximately 12.3 ac (5 ha) of private lands within the central portion of Polk County and occurs within the Dallas/Polk County Recovery Reserve boundaries (Schultz
et al.
, in litt., 2005). Unit FBB-5 is located near the junction of Highway 223 and Oakdale Avenue and largely falls within the City of Dallas' urban-growth boundary. Although Hammond (2004) has estimated the size of this population for over ten years, he documents that he has been unable to access the site for over seven years and has been limited to visually-obstructed roadside observations. During the 2004 field season, we met with the private landowner who owns one of the parcels currently supporting the population and we were able to document the extent to which the PCEs were distributed on several adjoining parcels. Additionally, we surveyed an adjoining parcel, which is listed for sale, on the south side of the prairie remnant, and it supports nectar habitat essential to the conservation of this population. The landowner we met with in 2004 has entered into a Partners for Fish and Wildlife Agreement (USFWS 2004d) and in cooperation with Refuge staff, has agreed to manage his portion of the Fender's blue butterfly and
Lupinus sulphureus
ssp.
kincaidii
populations. The Fender's blue butterfly population is threatened by the limited availability of food plants, presence of invasive species, and the impacts associated with the encroachment of urban development. Hammond (2004) has documented the removal of several acres of Fender's blue butterfly habitat over the last ten years for residential development.

At this time, we do not have enough information to specifically identify which surrounding areas support the PCEs and could contribute towards population expansion and the long-term viability of a larger metapopulation. The open areas to the south support prairie remnants that historically supported Fender's blue butterfly populations and have been extirpated over the last ten years (Hammond 2004). Reintroductions of
Lupinus sulphureus
ssp.
kincaidii
or augmentations may be necessary for the long-term viability of the Dallas/Polk County Recovery Reserve. Although this unit likely represents only a portion of the area necessary for long-term viability of the Dallas/Polk County Recovery Reserve, appropriate management of the prairie habitat within FBB-5 should provide opportunity for population growth and expansion, and ultimately the survival of the population. Unit FBB-5 provides the habitat containing the features essential for the continued persistence of this core population by providing the “backbone” of a larger metapopulation for this Recovery Reserve.

Unit 6 for Fender's blue butterfly (Units FBB-6A and 6B):

Units FBB-6A and 6B encompass approximately 2.4 ac (1 ha) and 16 ac (6.5 ha) respectively, of private lands occurring within southern Polk County and the Dallas/Polk County Recovery Reserve boundaries (Schultz
et al.
, in litt., 2005). Unit FBB-6A is located along McCaleb Road near Cooper Creek and Unit FBB-6B is approximately 0.8 mile (1.4 km) south of FBB-6A along Monmouth Highway. Several Fender's blue butterfly populations historically occurring south of Dallas, Oregon have been extirpated over the last decade (Hammond 2004). The habitat encompassed within FBB-6 (FBB-6A and 6B) supports the core butterfly population occurring at the southern end of the Dallas/Polk County Recovery Reserve. Reintroductions of
Lupinus sulphureus
ssp.
kincaidii
or augmentations may be necessary at extirpated sites to provide stepping-stone habitat between FBB-5 and FBB-6 in order to ensure for the long-term viability of the Dallas/Polk County Recovery Reserve. Unit FBB-6 apparently provides the habitat containing the features essential to the persistence of this core population, as evidenced by an increasing population size over the last few years; it is one of the largest remaining Fender's blue butterfly populations in this portion of its range and it is one of two core, isolated populations providing the “backbone” at the southern end of this Recovery Reserve.

The larval host plant found in FBB-6B is
Lupinus albicaulis,
and based on roadside observations, Hammond (2004) estimates several hundred individuals occupy this habitat. Since
L. albicaulis
is a short-lived perennial, Hammond (2004) documents that without periodic disturbance this butterfly population may disappear more quickly than

populations using
L. sulphureus
ssp.
kincaidii
and
L. arbustus
as a host plant. However,
L. albicaulis
is the primary host plant for Puget blue butterfly (
Icaricia icarioides blackmorei
) and appears to serve the Puget blue quite well (Schultz, in litt., 2005). Additionally, other roadside populations of Polk County Fender's blue butterfly supported by
L. albicaulis
have remained stable for over a decade (Hammond 2004). Even if the available habitat is transitory, it may serve as an important stepping-stone between other sites and enhance genetic exchange between sites over the period that the butterflies use the site (Schultz, in litt., 2005).

FBB-6A supports a roadside population of
Lupinus sulphureus
ssp.
kincaidii
and is located between FBB-6B and a Fender's blue butterfly site where individuals have not been seen for two years. FBB-6A provides stepping-stone habitat for Fender's blue butterfly and is essential to the long-term persistence of the Dallas/Polk County Recovery Reserve.

Units 7, 8, and 9 for Fender's blue butterfly (Units FBB-7, FBB-8, and FBB-9):

Units FBB-7, FBB-8, and FBB-9 collectively represent the areas of habitat containing the features essential to the conservation of the Fender's blue butterfly populations in northern Benton County, which with appropriate management could support one of the three large functioning metapopulations necessary for the Fender's blue butterfly to be considered for delisting (Schultz
et al.
, in litt., 2005). This reserve is located in the central region of the species range and consists of two large and one medium size populations that are isolated from one another. The availability of habitat in each of these units provides opportunity for population growth and expansion, with appropriate stepping-stone habitat conditions available for facilitating ease of movement within units.

Each of these units is essential to the conservation of the species because they collectively support three of the largest remaining Fender's blue butterfly populations in this portion of the species range and are located in relatively close proximity to one another, thus increasing the potential for interaction between populations, they are all supported by
Lupinus sulphureus
ssp.
kincaidii,
and there is surrounding prairie habitat available for metapopulation expansion. Stepping-stone habitat between FBB-7, FBB-8, and FBB-9 may contribute to a yet larger, functioning metapopulation. The habitat included within each of these units provides the foundation for long-term persistence of each respective isolated population and recovery strategies should focus on opportunities to connect metapopulations to larger, functioning metapopulations.

Unit 7 for Fender's blue butterfly (Unit FBB-7):

Unit FBB-7 consists of approximately 48.3 ac (19.6 ha) of private and State lands within Benton County. The habitat in this unit supports the second largest known Fender's blue butterfly population and occurs in McDonald Forest located off of Oak Creek Road. Approximately 14 percent of the habitat supporting the PCEs within FBB-7 occurs on Oregon State University lands and the remaining 86 percent occurs on private lands. This Fender's blue butterfly population has been monitored annually for ten years (Hammond 2004) and recent studies indicate this population has the highest chance of long-term persistence based on population trend data (Schultz
et al.
2003).

This population is threatened by the encroachment of invasive grasses and succession to forest, especially in narrow areas of the meadow where tree encroachment could block-off portions of the habitat and isolate portions of the populations. Although a management plan has not been completed for this unit, the landowner is interested in maintaining the prairie habitat for the butterfly. In cooperation with Oregon State University scientists, the landowner is studying appropriate management techniques for controlling invasive
Brachypodium sylvaticum
(false brome). Unit FBB-7 provides a diverse composition of high quality habitat utilized by all life stages of the Fender's blue butterfly. This habitat is uniquely located in a meadow surrounded by forested land and supports the second largest remaining Fender's blue butterfly populations across the range of the species. This population provides the foundation for one of the three large, functioning metapopulations necessary for delisting (Schultz
et al.
, in litt., 2005) and is located in the central portion of the species range.

Unit 8 for Fender's blue butterfly (Unit FBB-8):

Unit FBB-8 encompasses approximately 717 ac (290 ha) of private lands within Benton County. This unit is located in Wren, Oregon, between Kings Valley Highway, Cardwell Hill Road and Blakesly Creek Road, approximately 2 miles (3.2 km) southwest of Unit FBB-7. Several of the Fender's blue butterfly populations occupying this unit have been surveyed annually for ten years (Hammond 2004).

A new population of Fender's blue butterfly has been documented using a large population of
Lupinus sulphureus
ssp.
kincaidii
located between two of the regularly monitored populations of Fender's blue butterfly (Hammond 2004). The powerline right-of-way that runs across Unit FBB-8 appears to play a significant role in Fender's blue butterfly dispersal between the
L. sulphureus
ssp.
kincaidii
populations scattered across this large contiguous high quality prairie (USFWS 2004a, 2004e). The relatively “pristine” (Hammond 2004), large prairie habitat included within Unit FBB-8 is essential for all life stages or this Fender's blue butterfly metapopulation. This core metapopulation provides the foundation for one of the three large, functioning metapopulations necessary for delisting (Schultz
et al.
, in litt., 2005).

Unit 9 for Fender's blue butterfly (Unit FBB-9):

Unit FBB-9 consists of approximately 49 ac (20 ha) of private lands located north of Philomath. The habitat occurs primarily to the south of West Hills Road and to the west of 19th Street. The Greenbelt Land Trust recently obtained a conservation easement for 51 percent of the prairie habitat supporting this population. Adult Fender's blue butterfly individuals have been observed using the nectaring habitat in this remnant prairie and many of the
Lupinus sulphureus
ssp.
kincaidii
populations scattered throughout the unit. The Fender's blue butterfly population utilizing the eastern portion of this site has been monitored for the last five years (Hammond 2004). Threats to this site include encroachment of invasive species, trees and shrubs, and a small portion of the Unit FBB-9 is located along West Hills Road and impacted by roadside maintenance activities. Unit FBB-9 provides the habitat essential for all life stages of this butterfly population, and one of the core populations that are the foundation for one of the three, large functioning metapopulations necessary for delisting (Schultz
et al.
, in litt., 2005).

Units 10, 11, and 12 for Fender's blue butterfly (Unit FBB-10, FBB-11, and FBB-12):

Units FBB-10, FBB-11, and FBB-12, support the core populations essential to the conservation of the species in this southern portion of their range. Collectively, these units provide the foundation for the conservation of a third large, functioning Fender's blue butterfly metapopulation within the west Eugene Recovery Reserve boundaries (Schultz
et al.
, in litt. 2005).

Additionally, recent studies indicate that the areas collectively proposed in Units FBB-10, FBB-11, and FBB-12 are essential for the long-term viability of this larger metapopulation (Schultz
et al.
in prep.).

This reserve supports three core populations that are mostly isolated from one another (greater than 0.93 miles (1.5 km) from the nearest occupied lupine patch) with a few stepping-stone populations located between core populations. The availability of habitat within each of these units provides opportunity for population growth and expansion, as well as areas appropriate for stepping-stone habitat that will facilitate ease of movement within units. Each of these units is essential to the conservation of the species because they collectively support two of the largest remaining Fender's blue butterfly metapopulations (FBB-10 and FBB-12), the two metapopulations are located in relatively close proximity to one another providing a unique opportunity to reestablish a larger connected set of populations that functions as a viable metapopulation, the butterfly populations are all supported by
Lupinus sulphureus
ssp.
kincaidii,
and there is surrounding prairie habitat available for population expansion. Stepping-stone habitat in FBB-11 is necessary to provide connectivity between core butterfly populations to ensure the long-term persistence of this metapopulation.

Unit 10 for Fender's blue butterfly (Unit FBB-10A and 10B):

Unit FBB-10A and 10B encompass approximately 50 ac (20.5 ha) and 463 ac (188 ha) of prairie habitat, respectively, in Lane County, Oregon. The prairie habitat included within FBB-10A and 10B occurs on BLM and Corps land (60 percent), private lands (32 percent), and County lands (8 percent). Each of these subunits support a core metapopulation of Fender's blue butterfly and
Lupinus sulphureus
ssp.
kincaidii
which have been surveyed annually since 1993 (Severns 2004; Fitzpatrick 2005). Eighty-four percent of the area included within FBB-10A occurs on Corps lands located near Shore Lane, NE Fern Ridge Reservoir.

The populations occupying FBB-10A require tall-oat grass management because this invasive grass now covers 100 percent of the habitat supporting all six populations (Severns 2004). Nevertheless, the 2004 population surveys reported the largest number of individuals ever observed at the site; the population size more than doubled between 2003 and 2004. The Corps has reestablished populations of
Lupinus sulphureus
ssp.
kincaidii
between core Fender's blue butterfly populations located within this unit to provide butterfly stepping-stone habitat and increase connectivity. In 2001, a small patch of
L. sulphureus
ssp.
kincaidii
was planted on the side of a spoil mound, on the south side of the Amazon Canal. The Fender's blue butterfly was documented using this lupine patch during the 2004 field season. This demonstrates that the recommended stepping-stone reserve design (Schultz 1998) will allow for successful dispersal between core populations occurring on Corps lands in FBB-10A and on BLM lands in FBB-10B (Severns 2004). This connection is considered essential to the survival of each of these populations (Schultz
et al.
in prep.; Severns 2004).

Approximately two-thirds of the prairie habitat included within FBB-10B occurs on publicly owned lands, primarily BLM, but also Corps and County lands, and the remaining one-third occurs on adjacent private lands. The center of this unit occurs near the intersection of Fir Butte Road and the Amazon Canal. Portions of the habitat occurring on BLM land are severely threatened by the closed canopy cover of
Rubus discolor
that has overtaken large areas of the site (Kaye 2004). Fender's blue butterfly populations supported by the habitat within FBB-10B would benefit from adult nectar source augmentations (Severns 2004). Habitat management will be necessary to increase the size and connectivity of butterfly populations by restoring additional stepping-stone habitat patches that enhance the connection between the core populations occupying FBB-10A and FBB-10B ((Schultz
et al.
in prep). Unit FBB-10 (FBB-10A and FBB-10B) provides the habitat containing the features essential for two butterfly populations. This unit includes one of the most contiguous prairie remnants, increasing the potential for connectivity between these two core populations and provides the foundation for reestablishing a large functioning metapopulation within the west Eugene Recovery Reserve boundaries (Schultz
et al.
, in litt., 2005).

Unit 11 for Fender's blue butterfly (Unit FBB-11A, 11B, 11C, 11D, and 11E):

Unit FBB-11A consists of 15.5 ac (6.3 ha) of privately owned land. FBB-11B includes approximately 14 ac (5.7 ha) of primarily BLM land (94 percent) with 6 percent occurring on private lands. FBB-11C encompasses approximately 22 ac (9 ha) with 94 percent occurring on BLM land and 6 percent on private lands. FBB-11D encompasses approximately 188 ac (76 ha) with 88 percent on publicly owned lands (County, BLM, and State) and 12 percent on private lands. FBB-11E consists of approximately 4.5 ac (1.8 ha) of land entirely owned by Lane County. Most of the lupine populations scattered across the prairie habitat within this unit are relatively small, but the habitat supporting them is essential to the long-term viability of a larger functioning Fender's blue butterfly metapopulation in this southern portion of the species range (Schultz
et al.
in prep).

The area included within this unit provides needed stepping-stone habitat between the BLM/Corps metapopulation to the northwest and TNC metapopulations to the southeast (Schultz
et al.
in prep). Local land managers recently surveyed this area to identify habitat patches suitable for reestablishing
Lupinus sulphureus
ssp.
kincaidii
populations as stepping-stones for the Fender's blue butterfly (Schultz
et al.
in prep.). The areas they identified occur within this unit boundary and this habitat will need to be enhanced to increase the size and connectivity of butterfly populations by restoring patches between core metapopulations within FBB-10 and FBB-12 (Schultz
et al.
in prep.). Unit FBB-11 (FBB-11A, 11B, 11C, 11D, and 11E) provides the habitat essential for all life stages of this butterfly population because it includes habitat to reestablish connectivity between two of the largest remaining metapopulations, and it increases viability of all populations in this portion of the species range. The habitat included within FBB-11 is essential for reestablishing connectivity between existing metapopulations and providing for a large functioning metapopulation (Schultz
et al.
in prep.).

Unit 12 for Fender's blue butterfly (Units FBB-12A and 12B):

Units FBB-12A and 12B encompasses approximately 114.4 ac (46 ha) with the majority of this land occurring on TNC property and are located near the intersection of Bailey Hill Road and Bertelson Road. The
Lupinus sulphureus
ssp.
kincaidii
and Fender's blue butterfly populations are scattered across the 508 ac (206 ha) of remnant prairie known as the Willow Creek Natural Area (Fitzpatrick 2005). FBB-12A and 12B function as a metapopulation and collectively represent the third largest Fender's blue butterfly metapopulation across the range of the species. The populations occurring within this unit have been monitored for over 10 years (Fitzpatrick 2005).

The habitat within FBB-12A and 12B is threatened by exotic vegetation and

succession to woody vegetation. To ensure viability of the Willow Creek metopopulation, the area within this unit should be enhanced to provide opportunity for population growth and expansion (Schultz
et al.
in perp). Unit FBB-12 (FBB-12A and 12B) has the features essential to the conversation of the specifies because it includes some of the highest quality remaining upland prairie, supports the large core metapopulation in this portion of the species range, and the metapopulation is fundamental to the persistence of this larger functioning metapopoulation (Schultz
et al.
in prep) located with the West Eugene Recovery Reserve boundaries (Schultz
et al.
in litt., 2005).

Unit 13 for Fender's blue butterfly (Unit FBB-13):

Unit FBB-13 encompasses approximately 133 ac (54 ha) of private land that supports several patches of primarily
Lupinus arbustus
scattered across the remnant prairie. The Fender's blue butterfly population occupying this unit has been monitored since 1993 (Fitzpatrick 2005). This habitat supports one of the largest remaining butterfly populations and it supports a diverse flora of native plants (Schultz 2004). The habitat included in this unit is very different than the populations growing on the valley floor (Hammond and Wilson 1993). Hammond and Wilson (1993) indicate this population should be regarded as a distinct ecological segregate that should be preserved in a unique population. The size, quality and its unique ecological conditions make this unit essential to the conservation of the species.

Lupinus sulphureus ssp. kincaidii

We present, below, brief descriptions of all units, and reasons they are essential for the conservation of the
Lupinus sulphureus
ssp.
kincaidii.
In total, we propose 16 critical habitat units, each of which represents the habitat containing the features essential to the conservation of core populations across the range of the species. To simplify unit descriptions we have grouped units that are within pollinator distance of one another, and may function as larger, connected metapopulations with proper management and restoration. For many Recovery Reserves we do not have the information at this time to identify lands that provide stepping-stone habitat between units which will likely be needed to meet recovery goals. However, the proposed critical habitat will provide the foundation for
L. sulphureus
ssp.
kincaidii
populations to persist across their range.

Unit 1 of
Lupinus sulphureus
ssp.
kincaidii
(Units KL-1A and 1B):

Units KL-1A and 1B consists of approximately 6 ac (2.5 ha) of private land in Lewis County, Washington. There are only two small populations of
Lupinus sulphureus
ssp.
kincaidii
remaining in Washington. These populations are highly disjunct from the Willamette Valley populations with an estimated 81 miles (131 km) separation. Conservation biology principles include providing for the conservation of a species over a range of habitat types to reduce the chance of losing disjunct populations representing important conservation value for their adaptation to local environmental conditions and their genetic uniqueness (Fahrig and Merriam 1994). In keeping with this principle, the draft recovery criteria for this species identify the need to have populations conserved across their current range (Gisler
et al.
, in litt., 2005). Unit KL-1 (KL-1A and KL-1B) includes the highest quality prairie habitat supporting
L. sulphureus
ssp.
kincaidii
in this northern-most extent of its range. This habitat will likely need to be actively managed to expand the current populations and re-establish lupine patches in relative close proximity (3-5 miles (5-8 km)) to one another. At this time, we do not have enough information to identify additional potential habitat for population expansion, which will likely be necessary for these populations to function as a viable metapopulation and meet delisting criteria. The prairie habitat identified in this unit has the features essential to the conservation of this species because it supports two of the remaining
L. sulphureus
ssp.
kincaidii
populations in the northern-most extent of the species' range, and there is surrounding prairie habitat available for population expansion.

Unit 2 of
Lupinus sulphureus
ssp.
kincaidii
(Unit KL-2 A and 2B):

Unit KL-2A and 2B encompass approximately 6.25 ac (2.5 ha) and 14 ac (5.75 ha) respectively, of private land in northern Yamhill County. KL-2A supports
Lupinus sulphureus
ssp.
kincaidii
patches along both the east and west sides of Oak Creek Road. KL-2B is located approximately 0.68 miles (1.1 km) south of KL-2A along both the east and west sides of Oak Creek Road, near the junction with Fairdale Road. Yamhill County is responsible for roadside maintenance act

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A05-21333. Public record. Not legal advice.