Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Acuña Cactus and the Fickeisen Plains Cactus

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2013-0025; 4500090023]

RIN 1018-AZ43

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Acuña Cactus and the Fickeisen Plains Cactus

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the

Echinomastus erectocentrus

var.

acunensis

(acuña cactus) and the

Pediocactus peeblesianus

var.

fickeiseniae

(Fickeisen plains cactus)

under the Endangered Species Act. Critical habitat for the acuña cactus is located in Maricopa, Pima, and Pinal Counties, Arizona, and critical habitat for the Fickeisen plains cactus is located in Coconino and Mohave Counties, Arizona. The effect of this regulation is to designate critical habitat for the acuña cactus and the Fickeisen plains cactus under the Endangered Species Act.

DATES:

This rule becomes effective September 19, 2016.

ADDRESSES:

This final rule is available on the Internet at

http://www.regulations.gov

, Docket No. FWS-R2-ES-2013-0025. Comments and materials we received, as well as some supporting documentation used in the preparation of this final rule, are available for public inspection at

http://www.regulations.gov.

All of the comments, materials, and documentation that we considered in this rulemaking are available by appointment, during normal business hours at: U.S. Fish and Wildlife Service, 9828 North 31st Ave., Suite C3, Phoenix, AZ 85051; telephone 602-242-0210; facsimile 602-242-2513.

The coordinates or plot points or both from which the maps are generated are included in the administrative record for this critical habitat designation and are available at

http://www.fws.gov/southwest/es/arizona

, at

http://www.regulations.gov

in Docket No. FWS-R2-ES-2013-0025, and at the Arizona Ecological Services Office (see

FOR FURTHER INFORMATION CONTACT

). Any additional tools or supporting information that we developed for this critical habitat designation will also be available at the U.S. Fish and Wildlife Service Web site and Field Office set out above, and may also be included in the preamble and at

http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Steve Spangle, Field Supervisor, U.S. Fish and Wildlife Service, 9828 North 31st Ave., Suite C3, Phoenix, AZ 85051; by telephone (602) 242-0210; or by facsimile (602) 242-2513. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

This document consists of a final rule to designate critical habitat for

Echinomastus erectocentrus

var.

acunensis

(acuña cactus) and

Pediocactus peeblesianus

var.

fickeiseniae

(Fickeisen plains cactus) under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531

et seq.

) (Act). In this final rule, we refer to these species by their common names.

Why we need to publish a rule.

This is a final rule to designate critical habitat for the acuña cactus and Fickeisen plains cactus. Under the Act, any species that is determined to be an endangered or threatened species requires critical habitat to be designated, to the maximum extent prudent and determinable. Designations and revisions of critical habitat can only be completed by issuing a rule.

On October 3, 2012, the U.S. Fish and Wildlife Service (Service) published in the

Federal Register

a proposed rule to list the acuña cactus and the Fickeisen plains cactus as endangered species and designate critical habitat for them (77 FR 60509). The Service published in the

Federal Register

a final rule to list the acuña cactus and the Fickeisen plains cactus as endangered species on October 1, 2013 (78 FR 60608). Section 4(b)(2) of the Act states that the Secretary shall designate critical habitat on the basis of the best available scientific data after taking into consideration the economic impact, national security impact, and any other relevant impact of specifying any particular area as critical habitat.

The critical habitat areas we are designating in this rule constitute our current best assessment of the areas that meet the definition of critical habitat for the acuña cactus and the Fickeisen plains cactus. We included unoccupied areas with suitable acuña cactus habitat in the proposed critical habitat designation; however, we have since changed our determination and concluded that unoccupied habitat is not essential for the conservation of the acuña cactus and, therefore, removed these areas from the final designation. All areas included in this final critical habitat designation for both the acuña cactus and the Fickeisen plains cactus are occupied. We are designating:

• In total, approximately 7,501 ha (18,535 ac) in six units as critical habitat for the acuña cactus.

• In total, approximately 7,062 ha (17,456 ac) in six units as critical habitat for the Fickeisen plains cactus.

Economic analysis.

In order to consider economic impacts, we have prepared an analysis of the economic impacts of the critical habitat designations. We announced the availability of the draft economic analysis (DEA) in the

Federal Register

on March 28, 2013 (78 FR 18938), allowing the public to provide comments on our analysis. We have incorporated the comments and have completed the final economic analysis (FEA, dated August 23, 2013).

Peer review and public comment.

We sought comments from independent specialists to ensure that our designation is based on scientifically sound data and analyses. We invited these peer reviewers to comment on our listing and critical habitat proposal. We obtained opinions from two knowledgeable individuals for the acuña cactus and two knowledgeable individuals for the Fickeisen plains cactus, all with scientific expertise to review our technical assumptions, analysis, and whether or not we had used the best available information for both plants. The comments of these reviewers were focused on the designation of the two species; we received only one review that incorporated a comment on the Fickeisen plains cactus critical habitat designation portion of the draft rule. These peer reviewers generally concurred with our methods and conclusions and provided additional information, clarifications, and suggestions to improve this final rule. Information we received from peer review is incorporated into this final rule. We also considered all comments and information received from the public during the comment period.

Previous Federal Actions

On October 1, 2013, we published in the

Federal Register

a final determination to list the acuña cactus and the Fickeisen plains cactus as endangered species under the Act (78 FR 60608). Please refer to the proposed listing and critical habitat rule for the acuña cactus and the Fickeisen plains cactus (77 FR 60509, October 3, 2012)

for a discussion of previous Federal actions that occurred prior to the listing of these taxa.

Summary of Comments and Recommendations

We requested written comments from the public on the proposed designation of critical habitat for the acuña cactus and the Fickeisen plains cactus during three comment periods. The first comment period associated with the publication of the proposed rule (77 FR 60509) opened on October 3, 2012, and closed on December 3, 2012. We requested comments on the proposed critical habitat designation and associated DEA during a comment period that opened March 28, 2013, and closed on April 29, 2013 (78 FR 18938). We also requested comments on revisions to the proposed critical habitat designation during a comment period that opened July 8, 2013, and closed July 23, 2013 (78 FR 40673). We did not receive a request for a public hearing during any of the three open comment periods. We also contacted appropriate Federal, State, and local agencies; scientific organizations; and other interested parties and invited them to comment on the proposed rule and DEA during these comment periods.

During the public comment periods, we received 13 comment letters, including 1 from a peer reviewer, directly addressing the proposed critical habitat designation. All substantive information provided during comment periods has either been incorporated directly into this final determination or addressed below.

Peer Review

In accordance with our peer review policy published on July 1, 1994 (59 FR 34270), we solicited expert opinion from three knowledgeable individuals on the acuña cactus and six on the Fickeisen plains cactus having scientific expertise that included familiarity with the respected taxon and its habitat, biological needs, and threats. We received only one response that incorporated a comment on the critical habitat designation portion of the draft rule.

We reviewed the comment received from the peer reviewer for substantive issues and new information regarding the proposed rules to list and designate critical habitat for the acuña cactus and Fickeisen plains cactus. The peer reviewer generally concurred with our methods and conclusions and provided additional information, clarifications, and suggestions to improve the final rules. Peer reviewer comments are addressed in the following summary and incorporated into this final critical habitat rule as appropriate.

Peer Reviewer Comments

(1)

Comment:

One peer reviewer commented that the designation of 1,000 meters (m) (3,280 feet (ft)) of pollination area surrounding each Fickeisen plains cactus population is inadequate to buffer threats. The reviewer suggested increasing the area around each population area by an additional 1,000 m (3,280 ft) for a total of 2,000 m (6,561 ft) to adjust for uncertainties of plant locations, provided that the primary constituent elements are present.

Our Response:

The Fickeisen plains cactus is dependent on pollinators for reproduction. Thus, preserving the interaction between the cactus and its pollinators is integral for survival. Through our analysis, we found that a 1,000-m (3,280-ft) pollination area was sufficient to support the maximum foraging distance of ground-nesting bees that are the primary pollinators of the cactus. This 1,000-m (3,280-ft) pollination area is not intended to serve as a buffer from threats, but as a primary constituent element necessary to support the essential physical or biological features. We do not have information suggesting that a larger area around plants is necessary to maintain and support plant-pollinator interactions.

Federal Comments

(2)

Comment:

The U.S. Air Force provided information on past and planned future activities to conserve the acuña cactus on the Barry M. Goldwater Gunnery Range (BMGR).

Our Response:

Based on the information we received, the Service considered land on the BMGR for possible exemption from the final critical habitat designation for the acuña cactus under the authority of section (4)(a)(3)(B)(i) of the Act. The Service met with the U.S. Air Force to discuss current and planned conservation measures for the acuña cactus on the BMGR. We have also evaluated the conservation measures for the species as presented in the approved Integrated Natural Resources Management Plan (INRMP) for the BMGR. The revised INRMP provides the following benefits for the acuña cactus: Avoiding disturbance of vegetation and pollinators within 900 m (2,953 ft) of known acuña cactus plants; developing and implementing procedures to control trespass livestock; monitoring illegal immigration, contraband trafficking, and border-related enforcement to prevent acuña cacti from being trampled or run over by vehicles; and continuing to monitor and control invasive plant species to maintain quality habitat and prevent the spread of fire where it was historically infrequent. For these reasons, the BMGR is exempt from the final designation of critical habitat for the acuña cactus. Please see the Exemptions section of this rule for a more detailed analysis.

Tribal Comments

(3)

Comment:

The Tohono O'odham Nation requested both a meeting with the Service and an exclusion from the acuña cactus critical habitat designation on their lands. They provided information that efforts by the Tohono O'odham Nation's legislative body to protect the acuña cactus are under way.

Our Response:

The Service met with the Tohono O'odham Nation to discuss current and planned conservation measures for the acuña cactus on Tribal lands. The Service has considered land on the Tohono O'odham Nation for exclusion from the critical habitat designation under section (4)(b)(2) of the Act. We are excluding Tohono O'odham Nation land from the final critical habitat designation because the benefits of exclusion as critical habitat outweigh the benefits of inclusion as critical habitat. As further explained in the Exclusions section of this rule, we have concluded that the Tohono O'odham Nation has a commitment to protect and manage the acuña cactus habitat on their lands. Exclusion of lands of the Tohono O'odham Nation as critical habitat will allow us to maintain a cooperative working relationship with the Nation, and we expect that the Nation will continue to protect and manage the acuña cactus on their lands.

(4)

Comment:

The Navajo Nation requested an exclusion from the final Fickeisen plains cactus critical habitat designation and submitted the final Navajo Nation Fickeisen Plains Cactus Management Plan that guides species and habitat management for the cactus on all lands administered by the Tribe.

Our Response:

The Service has considered land on the Navajo Nation for exclusion under section (4)(b)(2) of the Act and has met with the Navajo Nation to discuss current and planned conservation measures for the Fickeisen plains cactus on Tribal lands. We are excluding Navajo Nation land from the final critical habitat designation because the benefits of exclusion as critical habitat outweigh the benefits of inclusion as critical habitat. As further explained in the Exclusions section of this rule, we have concluded that the Navajo Nation has a commitment to protect and manage the Fickeisen plains

cactus on their land as described in the final management plan. Exclusion of lands of the Navajo Nation as critical habitat will allow us to maintain a cooperative working relationship with the Nation, and we expect that the Nation will continue to protect and manage Fickeisen plains cactus habitat on their lands.

(5)

Comment:

The Navajo Nation suggests that critical habitat not be designated for the Fickeisen plains cactus due to the possibility of increased illegal collection. It is the position of the Navajo Nation Department of Fish and Wildlife (NNDFW) that illegal collection is a serious threat to the Fickeisen plains cactus and that making population locations public and easily accessible is detrimental to the conservation of the species.

Our Response:

We acknowledge the concern of the Navajo Nation that designating critical habitat may lead to illegal collection of listed plant species, but we disagree with this conclusion for the Fickeisen plains cactus. Section 4(a)(3) of the Act and implementing regulations (50 CFR 424.12), require that, to the maximum extent prudent and determinable, the Secretary designate critical habitat at the time the species is determined to be an endangered or threatened species. Our regulations (50 CFR 424.12(a)(1)) state that the designation of critical habitat is not prudent when one or both of the following situations exist: (i) The species is threatened by taking or other human activity, and identification of critical habitat can be expected to increase the degree of such threat to the species, or (ii) such designation of critical habitat would not be beneficial to the species. In the proposed rule, we found no information that the Fickeisen plains cactus is threatened by illegal collection and concluded that the designation of critical habitat is prudent for the plant (77 FR 60509). In addition, during the comment periods for the proposed rule, we did not receive new information from the Navajo Nation or any other entity indicating that illegal collection is occurring across the range of the plant.

(6)

Comment:

The Navajo Nation commented that there is no data showing that microbiotic soil crusts are closely associated with the Fickeisen plains cactus and, therefore, should not be included as a primary constituent element.

Our Response:

We acknowledge that there is no evidence available indicating that biological soil crusts are essential to the conservation of the Fickeisen plains cactus, only that crusts are a component of the habitat. Therefore, we have revised the primary constituent element language for this species. Please see the

Primary Constituent Elements for the Fickeisen Plains Cactus

section in the rule.

(7)

Comment:

The Navajo Nation commented that the proposed Fickeisen plains cactus critical habitat locations on their land are based on outdated, approximately 20-year-old data and, thus, are not based on the best scientific information. In addition, the Tribe questioned critical habitat designation in areas containing fewer than 25 cacti when there are larger populations of the plant elsewhere. The Tribe feels that extra conservation efforts should not be focused on smaller populations.

Our Response:

Section 3(5)(A) of the Act defines critical habitat to mean: (i) The specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of this Act, on which are found those physical or biological features essential to the conservation of the species and which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 4 of this Act, upon a determination by the Secretary that such areas are essential for the conservation of the species. The criteria for critical habitat were evaluated using the best scientific and commercial data available including plant surveys that occurred, in some cases, more than 18 years ago and at sites that have not been revisited. In the proposed rule, we specifically requested information from the public on the current status of populations where plants had been documented historically, but the site had not been revisited (77 FR 60509, p. 60512). The Navajo Nation also submitted general information describing the populations on Tribal land, which included records of those that were last observed nearly 20 years ago, and for which they used to estimate the total number of Fickeisen plains cacti on Tribal land. We received no additional information on these populations. Therefore, we have used the best available scientific information in the designation of critical habitat for this species.

In addition, we cannot exclude an occupied area from a critical habitat designation based on small population size. Rather, we are required under the Act to apply the critical habitat designation to all areas that meet the definition in section 3(5)(A) outlined above, provided we have not determined that the benefits of exclusion outweigh the benefits of including the area in the critical habitat designation. As mentioned in the response to comment number 4, above, we have made such a determination under section 4(b)(2) of the Act for Navajo Nation lands and are excluding from the final critical habitat designation all Navajo Nation lands, some of which contain small populations of the Fickeisen plains cacti. The exclusion of lands on the Navajo Nation as critical habitat will aid the Service in maintaining a cooperative working relationship with the Nation. In addition, we expect that the Navajo Nation will continue conservation efforts throughout the entire area occupied by the cactus, even where population size is limited.

Public Comments

(8)

Comment:

The Babbitt Ranches, LLC, submitted the Draft Babbitt Ranches Fickeisen Plains Cactus Management Plan and requested that their lands be excluded from the final designation of critical habitat.

Our Response:

The Service considered land managed by the Babbitt Ranches, LLC, for exclusion under section (4)(b)(2) of the Act and has met with the landowners to discuss current and planned conservation measures for the Fickeisen plains cactus. As explained in the Exclusions section of this rule, we are excluding from the critical habitat designation lands owned by the Babbitt Ranches, LLC, and State trust lands that are managed by the Babbitt Ranches, LLC, where a land closure is in place. However, we are not excluding from the final designation the federally owned lands where Babbitt Ranches, LLC, holds grazing permits.

(9)

Comment:

One commenter suggested that the use of the total number of acuña cactus flowers that bloomed in the spring following a winter with 29.7 centimeters (cm) (11.66 inches (in)) of precipitation recorded is biased. The commenter suggested using the percentage of adults with flowers or the average number of flowers per adult as a different metric. The commenter analyzed the Organ Pipe Cactus National Monument (OPCNM) data with these metrics and found no correlation between precipitation and flowering, adult population counts, or plant mortality.

Our Response:

The use of the number of acuña cactus flowers that bloomed in the spring following 29.7 cm (11.66 in) of precipitation was properly used to identify unoccupied areas that could be considered essential to the conservation of the species. In the proposed rule, we

discussed survey data gathered from monitoring plots established in 1977; these data illustrate the relationship between precipitation and acuña cactus flowering. We noted that acuña cactus flower production and recruitment peaked in 1992 (Holm 2006, p. 2-10) following a winter period with total precipitation of 29.7 cm (11.66 in) (Western Regional Climate Center (WRCC) 2012, entire). Similar peaks in recruitment occurred in the early 1990s (Holm 2006, p. 2-6; NPS 2011a, p. 1) following a 1990 summer period with 24.6 cm (9.7 in) of precipitation (WRCC 2012, entire). Alternatively, we also noted flower production lows in years with markedly low winter precipitation. We also note that Johnson (1992) found that flower production was highest during the 2 wettest years of his study; his analysis suggests that rainfall is positively correlated with the number of flowers produced in acuña cactus, as well as in other cacti, and cites numerous studies in his conclusion. Therefore, we used this information to identify areas that receive 29.7 cm (11.66 in) or higher total annual precipitation as necessary for the acuña cactus reproduction and survival. Thus, the best available information indicates that the total number of flowers is an appropriate metric. However, public comments we received provided evidence that this metric should be adjusted to reflect that areas receiving 29.7 cm (11.66 in) or higher in winter precipitation only (not annual precipitation) are necessary for the acuña cactus. We reassessed our proposed critical habitat based on this metric, but there are no areas in southern Arizona that contain the geology, elevation, and vegetation communities required by the cactus that support this level of precipitation concentrated in the winter months. Thus, in this final critical habitat designation, we removed 12,113 ha (29,933 ac) of proposed critical habitat from multiple units.

(10)

Comment:

One commenter suggested that the inclusion of acuña cactus critical habitat on private lands in and around the town of Ajo may impede the ability of Ajo to attain funding for infrastructure improvements within the town.

Our Response:

Despite the fragmented nature of the pollinator habitat in and around the town of Ajo, three juvenile acuña cacti were found in 2013 from within Ajo town site populations and two juveniles were found in 2013 in the Little Ajo Mountains just south of the New Cornelia Copper Mine. The presence of these juveniles suggests that these areas identified as critical habitat contain the physical and biological features necessary for acuña cactus survival, including supporting pollinators that may be utilizing habitat within the town of Ajo. As stated in the FEA (2013, p. ES-9), no future projects with a Federal nexus were identified within the areas proposed as critical habitat in the town of Ajo and, thus, no impacts are forecast for community infrastructure and development activities.

(11)

Comment:

One commenter is concerned with the reduction in proposed acuña cactus critical habitat due to the miscalculation of annual versus winter precipitation. This commenter suggests creating a lower winter precipitation limit necessary for acuña cactus survival, thus increasing the amount of critical habitat required for the species.

Our Response:

We recognize that adequate precipitation is necessary for acuña cactus seedling survival, flowering, and fruit set in adult plants. We also recognize that as climate change progresses, areas with higher precipitation or cooler temperatures may become important for the future survival of the species. However, we lack sufficient monitoring and climate modeling data to adjust the precipitation limit utilized in our proposed rule. We made the public aware of our incorrect usage of annual rainfall data rather than winter rainfall data in our revised proposed rule (July 8, 2013; 78 FR 40673), and we announced that we had removed all of the unoccupied critical habitat proposed in our October 3, 2012, proposed rule (77 FR 60509). We have used the best information available at this time to designate critical habitat.

(12)

Comment:

One commenter stated the DEA fails to account for impacts associated with situations in which an activity does not jeopardize the species' continued survival, but nonetheless may be subject to project modifications to avoid adverse modification of critical habitat.

Our Response:

Section 2.3 of the FEA describes the reasons the Service does not anticipate critical habitat designation to result in additional conservation requirements. These reasons are also presented in the Service's “Incremental Effects of Critical Habitat Designation for the Acuña Cactus and the Fickeisen Plains Cactus”. Conservation measures being implemented in response to the species' listing status under the Act are expected to sufficiently avoid potential destruction or adverse modification of critical habitat as well. Thus, projects are already avoiding adverse modification under the regulatory baseline, and no additional conservation measures or project modifications are expected following the critical habitat designation. The Service acknowledges there may be rare cases in which localized projects may not adversely affect the plants, but may adversely modify critical habitat. Specifically, this potential scenario could occur in areas of proposed critical habitat where the cacti are at very low densities. However, the best available information does not indicate that such areas are known to exist at this time.

(13)

Comment:

One commenter stated, “according to the Service, because the [acuña cactus] is closely tied to its habitat, it is more likely that surface disturbances resulting in critical habitat being adversely modified would likely also constitute jeopardy to the species.” In light of this assertion, the commenter stated that a careful analysis of likely reasonable and prudent alternatives (RPAs) must be undertaken when evaluating the costs associated with designating critical habitat. In this case, the DEA contains no such discussion and limits the assessment of costs solely to administrative costs associated with carrying out a section 7 consultation.

Our Response:

Section 2.3.2 of the FEA describes the analytic framework used to identify incremental impacts of the proposed critical habitat designation. The analytic framework discussed in this section takes into account the above statements. Specifically, the FEA relies upon this statement as the basis for assuming that project modifications recommended to avoid adverse modification would not differ from those recommended to avoid jeopardy.

Since all of the designated critical habitat units for the acuña cactus are occupied, a Federal action requiring section 7 consultation would need to analyze impacts to both the species and critical habitat. If the action jeopardizes the species, the development of RPAs to conserve the species would be the same as those for critical habitat. Therefore, there would be no additional cost to conserve critical habitat beyond what it costs to prevent jeopardizing the species. RPAs are developed in cooperation with the Federal agency and applicant (if any) because often they are the only ones who can determine if an alternative is within their legal authority and jurisdiction, and if it is economically and technologically feasible.

As stated in the FEA (ES-6, Appendix C, p. 11), in most cases the types of conservation efforts requested by the Service during section 7 consultation

regarding the plants are not expected to change with critical habitat designation of occupied habitat due to the fact that the species are closely tied to their habitat and are not mobile. In most instances, we anticipate that the conservation efforts recommended to avoid jeopardy to the species also effectively would avoid the destruction or adverse modification of occupied critical habitat. As a result, critical habitat designation generally will not change the types of plant conservation efforts recommended by the Service. For these reasons, the incremental cost of designating critical habitat is considered administrative (

i.e.

, those costs associated with addressing adverse modification in section 7 consultations).

(14)

Comment:

One commenter asserted that the Service fails to consider the significant expense associated with initiating consultation, including the costs involved in preparing a biological assessment and submitting other information requested by the Service as a part of section 7 consultation.

Our Response:

The FEA relies on the best available information to estimate the administrative costs of section 7 consultations. As described in Exhibit 2-2 of the FEA, the consultation cost model is based on a review of consultation records and interviews with staff from three Service field offices, telephone interviews with action agencies (

e.g.

, Bureau of Land Management (BLM), U.S. Forest Service, and U.S. Army Corps), and telephone interviews with private consulting firms who perform work in support of permittees.

The model is periodically updated with new information received in the course of data collection efforts supporting economic analyses and public comment on more recent critical habitat rules. In addition, the general schedule rates are updated annually. The cost of preparing a biological assessment is included as part of the consultation cost model, with estimated incremental costs ranging from $500 to $5,600 per consultation. These costs are based on interviews with representatives from private consulting firms on the typical costs charged to clients in support of section 7 consultation efforts (

e.g.

, biological survey and preparation of materials to support a biological assessment).

(15)

Comment:

One commenter asserted that the DEA fails to consider that significant project delays result from the section 7 consultation process.

Our Response:

As discussed in the economic analysis, activities that would require consultation for critical habitat are primarily the same as activities that currently require consultation for the species because all of the proposed critical habitat units are occupied. We do not expect new consultations to result solely from the designation of critical habitat. Accordingly, critical habitat designation is not expected to result in any measurable time delays beyond the time constraints created by the baseline section 7 consultation process.

(16)

Comment:

One commenter stated that the discussion of baseline protections in the proposed rule is inconsistent with how baseline protections are described and assessed in the DEA. Specifically, the commenter asserted that the proposed rule states that current protections are inadequate and do not address threats to the species and its habitat, whereas the DEA states that over 90 percent of the proposed critical habitat for the acuña cactus has baseline protections.

Our Response:

Baseline protections are related to the listing of a species as an endangered or threatened species under the Act rather than the designation of critical habitat. In the proposed listing rule, we considered whether the existing regulatory mechanisms were adequate to alleviate the identified threats. The DEA evaluated only the incremental impacts of critical habitat designation. Accordingly, the conclusion that over 90 percent of the proposed critical habitat for the acuña cactus is subject to baseline protections is based on the species being listed under the Act.

(17)

Comment:

One commenter stated that the DEA did not adequately account for the possibility of private projects being subject to a Federal nexus, and, in turn, does not account for potential modification of these projects as a result of section 7 consultation.

Our Response:

Approximately 4,690 ha (11,590 ac) (18 percent) of the areas proposed as critical habitat for the acuña and Fickeisen plains cacti are privately owned. The economic analysis discusses the potential for a Federal nexus on private lands associated with livestock grazing and voluntary on-the-ground habitat improvement projects. For both activities, the DEA discussed the potential for Federal funding of these activities on private lands to trigger section 7 consultation and forecasted one programmatic consultation with the respective action agency for future projects that may affect proposed critical habitat for the cacti on private lands. The FEA has been revised to include consideration of additional activities on private lands within acuña cactus Unit 2.

(18)

Comment:

One commenter suggested that section 7 consultation could be triggered for projects implemented in the town of Ajo as the result of Federal funding under the U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant program.

Our Response:

We contacted Pima County's Community Development Block Grant (CDBG) Program. According to discussions with the Program Coordinator, there are two projects currently under way that are funded by the Pima County CDBG program in the town of Ajo and which appear to fall within areas proposed as critical habitat in acuña cactus critical habitat Unit 2. However, both projects involve improvements to existing structures and do not include any ground-disturbing activities that would trigger section 7 consultation.

Section 7 consultation may be triggered for future projects funded under the Pima County CDBG program that involve new construction or ground-disturbing activities. The Pima County CDBG Program Coordinator indicated, however, that it is difficult to forecast projects that may occur in the future. Selection for funding under the Pima County CDBG program follows an annual cycle and is based on a range of factors, including the level of funding provided by HUD, an assessment of feasibility, need, and benefits, and local priorities as determined by the Pima County Board of Supervisors. At this time, the Pima County CDBG program is not aware of any new projects that involve ground-disturbing activities within the area proposed as critical habitat in the town of Ajo. As a result, this analysis does not estimate any future section 7 consultations related to Pima County's CDBG program. To the extent that new projects funded by the Pima County CDBG program include ground-disturbing activities over the next 20 years, this analysis may underestimate costs in Ajo Unit 2 associated with section 7 consultations. However, this assumption only affects the estimated administrative costs of section 7 consultation. As a result, any future incremental impacts are likely to be minor. The FEA has been revised to include this new information about potentially affected activities related to the CDBG program in the town of Ajo.

(19)

Comment:

One commenter suggested that the DEA fails to conduct a proper Regulatory Flexibility Analysis (RFA) for the town of Ajo, which is a small governmental jurisdiction based on a 2010 population of 3,304.

Our Response:

A portion of the town of Ajo overlaps proposed acuña critical

habitat in Ajo Unit 2. While we agree that the town of Ajo is a small governmental entity, RFAs are required for small governmental entities only when those entities are also considered directly regulated entities. In the case of critical habitat designation for the acuña and Fickeisen plains cacti, the only directly regulated entities are the Federal agencies required to consult under section 7 of the Act. As such, the town of Ajo is not considered a directly regulated entity, and an RFA, therefore, is not required.

(20)

Comment:

Two commenters asserted that the DEA fails to consider impacts to mining as a result of critical habitat designation for the acuña cactus. Specifically, the comments note that proposed habitat for acuña cactus in Ajo Unit 2 is in an area with historically active mines, as well as an area with potential for future mining.

Our Response:

A discussion of mining activities within areas proposed as critical habitat for the acuña cactus in Ajo Unit 2 has been added to the FEA. Mining activities in this area may have a Federal nexus for section 7 consultation through the Federal permitting process with such action agencies as the BLM. Within Ajo Unit 2, at least one inactive copper mine and several unpatented mining claims overlap areas proposed as critical habitat. However, there is significant uncertainty regarding when, or if, any of these areas will be actively mined within the 20-year time period for this analysis. Accordingly, the FEA does not forecast any incremental impacts associated with these mining activities. To the extent that any of the mining resources present in Ajo Unit 2 are actively developed over the next 20 years, this analysis may underestimate the administrative costs associated with section 7 consultations. As Ajo Unit 2 is considered to be occupied by the acuña cactus, costs associated with implementing any conservation measures would be considered baseline impacts.

(21)

Comment:

One commenter asserted that the DEA fails to assess potential impacts to energy supply distribution or use from the designation of critical habitat for the acuña cactus, and, therefore, is not in compliance with Executive Order 13211.

Our Response:

Executive Order 13211 states that Federal agencies must prepare and submit a “Statement of Energy Effects” for all “significant energy actions.” The Office of Management and Budget provided guidance for implementing the Executive Order, and described various outcomes that may constitute “a significant adverse effect.” These are described in A-4 of the FEA. As described in Chapter 3 of the FEA, critical habitat designation for the Fickeisen plains cactus is anticipated to affect uranium mining. Impacts to uranium mining, however, are limited to the administrative costs of one formal consultation for the EZ Mine, totaling less than $900 in costs for the managing company, Energy Fuels Inc., over the 20-year period of analysis. The magnitude of this consultation cost is not anticipated to reduce fuel production or energy production, or increase the cost of energy production or distribution in the United States in excess of 1 percent. Alternatively, as described in Chapter 3 of the FEA, critical habitat designation for the acuña cactus is not anticipated to affect mining. Therefore, the designation of critical habitat for either species does not exceed any of the thresholds provided by the Office of Management and Budget's guidance and is not considered a “significant energy action.” Appendix A of the FEA has been updated to reflect this finding.

Summary of Changes From the Proposed Rule

Since the publication of the October 3, 2012 (77 FR 60509), proposed rule to list and designate critical habitat for the acuña cactus and Fickeisen plains cactus, we have made the following changes in the final critical habitat rules:

(1) Based on information received from public comments, we reevaluated the designation of the Dripping Spring acuña cactus critical habitat subunit in OPCNM, Arizona. The proposed rule outlined criteria for designation of critical habitat, which included that unoccupied areas with suitable acuña cactus habitat and that receive higher mean winter precipitation were necessary for the conservation of the species. The additional information provided during the public comment period indicated that the Dripping Spring subunit was unoccupied yet does not receive 29.7 cm (11.66 in) of winter rainfall. As a result, we determined that it was not essential for acuña cactus conservation and did not include it in this final critical habitat designation, thus removing 1,591 ha (3,931 ac) of proposed critical habitat from Unit 1.

(2) Based on information received from public comments, we excluded lands owned and managed by the Tohono O'odham Nation, Arizona, from the designation of critical habitat for the acuña cactus. Natural resources management already in place on the Tribe aids in the conservation of the species. As a result, 156 ha (385 ac) of critical habitat were removed from acuña cactus Unit 3.

(3) Based on information received from public comments, including a revised section of an existing INRMP, we exempted lands owned and managed by the U.S. Air Force on the BMGR, Arizona, from the designation of critical habitat for the acuña cactus. Natural resources management for this species, as outlined in the revised INRMP, aids in the conservation of the acuña cactus. As a result, 378 ha (935 ac) of proposed critical habitat were removed from Unit 3.

(4) Based on information received from public comments, we reevaluated acuña cactus critical habitat in areas receiving total annual precipitation exceeding 29.7 cm (11.66 in). We reassessed this habitat based on areas receiving 29.7 cm (11.66 in) or more of winter precipitation only. As a result, we determined that no areas in southern Arizona that contain the geology, elevation, and vegetation communities required by acuña cactus support this level of precipitation concentrated within the winter months. Therefore, in this final critical habitat designation, there are no critical habitat areas for the acuña cactus that receive 29.7 cm (11.66 in) or more of winter precipitation. As a result, 12,113 ha (29,933 ac) of proposed critical habitat were removed from multiple units. This issue is discussed in further detail in the revised proposed critical habitat designation (78 FR 40673, July 8, 2013).

(5) Based on information received from public comments, we excluded 3,865 ha (9,554 ac) of Tribal land from the final Fickeisen plains cactus critical habitat. Navajo Nation lands excluded include the entire Tiger Wash Unit (Unit 6), the entire Little Colorado River Overlook Unit (Unit 7), and portions of the Gray Mountain subunit (Subunit 8b) of the proposed Gray Mountain Unit (Unit 8). Natural resources management already in place on and documented in a new management plan for the Navajo Nation aids in the conservation of the species.

(6) Based on information received from public comments, we excluded from the Fickeisen plains cactus final critical habitat designation 8,139 ha (20,113 ac) of land that is either: (1) Owned by the Babbitt Ranches, LLC; or (2) managed by the Babbitt Ranches, LLC, but owned by the State and subject to land closure. The excluded area includes the entire proposed Cataract Canyon Unit and private land in the Mays Wash subunit. Exclusion of these lands as critical habitat will allow us to maintain a cooperative working

relationship with the Babbitt Ranches, LLC, and we expect that Babbitt Ranches, LLC, will continue to protect and manage the Fickeisen plains cactus habitat on their lands.

(7) Based on new information received during the public comment periods, we removed the Snake Gulch Unit (945 ha (2,335 ac)) from the final designation of Fickeisen plains cactus critical habitat, because the unit is no longer considered occupied, and we determined that it is not essential to the conservation of the species. We added the South Canyon Unit (110 ha (272 ac)) on U.S. Forest Service (USFS) land where occupancy was verified in 2013.

The rule revising 50 CFR 424.12 was published on February 11, 2016 (81 FR 7413), and became effective on March 14, 2016. As stated in that rule, the revised version of § 424.12 applies only to rulemakings for which the proposed rule is published after that date. Thus, the prior version of § 424.12 will continue to apply to any rulemakings for which a proposed rule was published before that date. Since the proposed rule for acuña cactus and Fickeisen plains cactus critical habitat was published on October 3, 2012, this final rule follows the version of § 424.12 that was in effect at that time.

Critical Habitat

Background

It is our intent to discuss below only those topics directly relevant to the designation of critical habitat for the acuña cactus and Fickeisen plains cactus. For a complete description of the life history and habitat needs of the acuña cactus and Fickeisen plains cactus, see the

Background

section in the final listing rule published on (78 FR 60608, October 1, 2013).

Critical habitat is defined in section 3 of the Act as:

(1) The specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the Act, on which are found those physical or biological features

(a) Essential to the conservation of the species and

(b) Which may require special management considerations or protection; and

(2) Specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.

Conservation, as defined under section 3 of the Act, means to use and the use of all methods and procedures that are necessary to bring an endangered or threatened species to the point at which the measures provided pursuant to the Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.

Critical habitat receives protection under section 7 of the Act through the requirement that Federal agencies ensure, in consultation with the Service, that any action they authorize, fund, or carry out is not 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 the government or public to access private lands. Such designation does not require implementation of restoration, recovery, or enhancement measures by non-Federal landowners. Where a landowner requests Federal agency funding or authorization for an action that may affect a listed species or critical habitat, the consultation requirements of section 7(a)(2) of the Act would apply, but even in the event of a destruction or adverse modification finding, the obligation of the Federal action agency and the landowner is not to restore or recover the species, but to implement reasonable and prudent alternatives to avoid destruction or adverse modification of critical habitat.

Under the first prong of the Act's definition of critical habitat, areas within the geographical area occupied by the species at the time it was listed are included in a critical habitat designation if they contain physical or biological features (1) which are essential to the conservation of the species and (2) which may require special management considerations or protection. For these areas, critical habitat designations identify, to the extent known using the best scientific and commercial data available, those physical or biological features that are essential to the conservation of the species (such as space, food, cover, and protected habitat). In identifying those physical or biological features within an area, we focus on the principal biological or physical constituent elements (primary constituent elements such as roost sites, nesting grounds, seasonal wetlands, water quality, tide, soil type) that are essential to the conservation of the species. Primary constituent elements are the specific elements of physical or biological features that provide for a species' life-history processes, and are essential to the conservation of the species.

Under the second prong of the Act's definition of critical habitat, we can designate critical habitat in areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. We designate critical habitat in areas outside the geographical area occupied by a species only when a designation limited to its range would be inadequate to ensure the conservation of the species.

Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific data available. Further, our Policy on Information Standards Under the Endangered Species Act (published in the

Federal Register

on July 1, 1994 (59 FR 34271)), the Information Quality Act (section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), and our associated Information Quality Guidelines, provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific data available. They require our biologists, to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat.

When we are determining which areas should be designated as critical habitat, our primary source of information is generally the information developed during the listing process for the species. Additional information sources may 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, other unpublished materials, or experts' opinions or personal knowledge.

Habitat is dynamic, and species may move from one area to another over time. We recognize that critical habitat designated at a particular point in time may not include all of the habitat areas that we may later determine are necessary for the recovery of the species. For these reasons, a critical habitat designation does not signal that habitat outside the designated area is

unimportant or may not be needed for recovery of the species. Areas that are important to the conservation of the species, both inside and outside the critical habitat designation, will continue to be subject to: (1) Conservation actions implemented under section 7(a)(1) of the Act, (2) regulatory protections afforded by the requirement in section 7(a)(2) of the Act for Federal agencies to ensure their actions are not likely to jeopardize the continued existence of any endangered or threatened species, and (3) the Act's section 9 prohibitions on taking any individual of the species, indicating taking caused by actions that affect habitat. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. These protections and conservation tools will continue to contribute to recovery of this species. 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 at the time of these planning efforts calls for a different outcome.

Acuña Cactus

Physical or Biological Features

In accordance with sections 3(5)(A)(i) and 4(b)(1)(A) of the Act and regulations at 50 CFR 424.12, in determining which areas within the geographical area occupied by the species at the time of listing to designate as critical habitat, we consider the physical or biological features that are essential to the conservation of the species and which may require special management considerations or protection. These include, but are not limited to:

(1) Space for individual and population growth and for normal behavior;

(2) Food, water, air, light, minerals, or other nutritional or physiological requirements;

(3) Cover or shelter;

(4) Sites for breeding, reproduction, or rearing (or development) of offspring; and

(5) Habitats that are protected from disturbance or are representative of the historical, geographic, and ecological distributions of a species.

We derive the specific physical or biological features required for the acuña cactus from studies of this species' habitat, ecology, and life history as described in the Critical Habitat section of the proposed rule to designate critical habitat published in the

Federal Register

on October 3, 2012 (77 FR 60509), and in the information presented below. Additional information can be found in the final listing rule (78 FR 60608; October 1, 2013). We have determined that the physical or biological features described below are essential for the acuña cactus.

Habitat for Individual and Population Growth, Including Sites for Germination, Pollination, Reproduction, Pollen and Seed Dispersal, and Seed Banks

Pollination and Pollen Dispersal

—Preservation of the mix of species and interspecific interactions they encompass greatly improves the chances for onsite survival of rare species (Tepedino

et al.

1996, p. 245). Bee nesting habitat, foraging plants, and corridors must be preserved to protect the acuña cactus (Buchmann 2012, pers. comm.; McDonald 2007, p. 4). The acuña cactus relies solely on the production of seeds for reproduction with pollination highly linked to the acuña cactus' survival. A lack of pollinators would lead to a reduction of seed production that would lead, in turn, to a gradual reduction in the seed bank (Wilcock and Neiland 2002, p. 276). Although viability of seed in the seed bank is unknown, germination trials in the greenhouse suggest the seeds are short-lived (Rutman 2007, p. 7).

Successful pollination depends on the pollinator species and the distance the pollinator can travel between flowers (McDonald 2005, p. 15). Acuña cacti are pollinated by a suite of bees from the Andrenidae, Anthophoridae, Anthophorinae, Halictidae, and Megachilidae families; however, the most abundant, robust, and consistent visitors in a 2-year study at OPCNM were the leafcutter bee (

Megachile palmensis

) and the cactus bee (

Diadasia rinconis

) (Johnson 1992, p. 406). Leafcutter and cactus bees are native cactus specialist bees requiring a sufficient quantity of acuña and other cacti pollen throughout their foraging season to provision their nests and support their own survivorship (Blair and Williamson 2008, p. 428).

No studies of pollinator dispersal distance have been conducted for the acuña cactus; however, in a study of a similar rare cactus in Arizona's Sonoran Desert, the

Coryphantha scheeri

var.

robustispina

(Pima pineapple cactus), McDonald (2005, p. 29) determined that the maximum distance the cactus bees travelled between Pima pineapple cactus individuals was 900 m (2,953 ft). The maximum distance travelled by the leafcutter bee is not known, though it is thought to be less than this (Buchmann 2012, pers. comm.). Because of the similarity of the acuña cactus and Pima pineapple cactus, we estimate that 900 m (2,953 ft) around individual acuña cacti is needed to support pollinator foraging, nesting, and survivorship.

Therefore, based on our review of the best available information, we identify a pollination area with a radius of 900 m (2,953 ft) around each individual acuña cactus plant as a physical or biological feature of acuña cactus habitat.

Seed Dispersal, Germination, Growth, and Seed Banks

—Bare soils within the seed dispersal range of the acuña cactus are necessary for recruitment and soil seed banking. Primary and secondary dispersal of these seeds can occur via a number of mechanisms including gravity, ants, wind, or rain (Butterwick 1982 to 1992, entire; Rutman 1996b, pers. comm.; Rutman 2001, pers. comm.; Anderson 2011, p. 1). Primary dispersal is the movement of seeds short distances from the plant, whereas secondary dispersal involves the redistribution of seeds by living (

e.g.,

insects) or non-living (

e.g.,

wind) factors (van Rheede van Oudtshorrn and van Rooyen 1999, pp. 186-187).

As evidenced by their commonly clumped habit, the majority of the acuña cactus seeds are dispersed by gravity; that is, they fall very close to the mother plant, which serves as a nurse plant for germination (Johnson

et al.

1993, p. 178). With this type of dispersal, the distance seeds travel is limited. The immediate environment of the mother plant is typically highly suitable for establishment, and closely dispersed seeds have a better chance of germination, establishment, and survival than seeds dispersed by other mechanisms (van Rheede van Oudtshorrn and van Rooyen 1999, p. 91).

Ants have been reported to both transport and consume the seeds of the acuña cactus (Butterwick 1982 to 1992, entire; Rutman 1996b, pers. comm.; Rutman 2001, pers. comm.; Anderson 2011, p. 1). Transported seeds may be dropped, discarded, or buried at either an appropriate or inappropriate depth for germination and emergence (van Rheede van Oudtshorrn and van Rooyen 1999, p. 15). Transported seed has the benefit of reduced competition from other seeds and reduced rodent predation that more commonly occurs near the mother plant (O'Dowd and Hay 1980, p. 536; Vander Wall

et al.

2005, p. 802). The maximum distance seeds are dispersed by ants is typically less than 3 m (10 ft) and rarely more than 10

m (33 ft) (van Rheede van Oudtshorrn and van Rooyen 1999, p. 186).

The maximum distance seeds are dispersed by wind depends on many factors including the height of the plant, characteristics of the surrounding vegetation, seed mass and size, and wind conditions (van Rheede van Oudtshorrn and van Rooyen 1999, p. 186). Secondary dispersal by wind can be farther in deserts, where vegetation is widely spaced and interspaces between trees and shrubs support wind velocities as much as four times higher than under trees and shrubs (van Rheede van Oudtshorrn and van Rooyen 1999, p. 187). Wind-blown soil, litter, and small seeds accumulate under shrubs and trees, or in soil surface depressions (Shreve 1942, p. 205; van Rheede van Oudtshorrn and van Rooyen 1999, p. 187).

Dispersal of seed from rain wash or sheet flow (downslope movement of water in a thin, continuous flow) over the ground is considered to occur across a relatively short distance; in hot deserts, many plants disperse seed by rain (van Rheede van Oudtshorrn and van Rooyen 1999, pp. 69, 76). The distance that the acuña cactus seeds travel by either wind or water is not known; however, spacing of associated nurse trees and shrubs where soil, litter, and seed could accumulate is roughly 8 m (26 ft). This number was determined by using the average height of the largest tree associate,

Cercidium microphyllum

(palo verde) (Shreve 1942, pp. 202-203; Kearney and Peebles 1951, p. 407).

Therefore, based on our review of the best available information regarding the maximum distance that seeds may disperse, and within which the acuña cactus seed banks, seedling establishment, and seedling growth can occur, we identify bare soils immediately adjacent to and within 10 m (33 ft) of existing reproductive acuña cactus plants as a physical or biological feature of acuña cactus habitat.

Appropriate Geological Layers and Topography that Support Individual Acuña Cactus Plants

Geology

—Bedrock and soil chemistry could help explain the current distribution of the acuña cactus across small islands of habitat in southern Arizona. Various reports describe the acuña cactus occurring on both fine- and coarse-textured soils derived from volcanic, granitic, and metamorphic rocks (Geraghty and Miller 1997, p. 3; Rutman 2007, pp. 1-2). Specifically, parent rock materials of preferred habitat include extrusive felsic volcanic rocks of rhyolite, andesite, and tuff, and intrusive igneous rocks composed of granite, granodiorite, diorite, and quartz monzonite (Rutman 2007, pp. 1-2).

We applied this knowledge of the acuña cactus geologic habitat preference by analyzing geology features and known plant locations attained for populations occurring within the United States using Geographic Information Systems (GIS). We determined 11 geologic feature classes that occur within the known locations of the acuña cactus in the United States (Arizona State Land Department 2012, GIS data layer). These feature classes can be summarized as volcanic rocks from the middle Miocene to Oligocene and from the Jurassic; granitoid rocks from the early Tertiary to Late Cretaceous and from the Jurassic; granitic rocks from the early Tertiary to Late Cretaceous; metamorphic rocks from the early Proterozoic; and surficial deposits from the Holocene to the latest Pliocene. Therefore, based on our review of the best available information regarding bedrock geology and associated soils required by the acuña cacti, we identify the presence of any one of these 11 feature classes as a physical or biological feature of acuña cactus habitat. These feature classes can be further summarized to include the following rock types as identified in the literature for this species: rhyolite, andesite, tuff, granite, granodiorite, diorite, or Cornelia quartz monzonite (Rutman 2007, pp. 1, 2).

Topography

—The acuña cactus is known to occur in valley bottoms and on ridge tops or small knolls, on slopes up to 30 percent (Phillips

et al.

1982, p. 4; Geraghty and Miller 1997, p. 3). We applied this knowledge of the acuña topographic habitat preference by analyzing topography features using a digital elevation model in GIS. Therefore, based on our review of the best available information regarding topography, we identify valley bottoms, ridge tops, and small knolls with slopes of 30 percent or less as a physical or biological feature of acuña cactus habitat.

Appropriate Vegetation Community and Elevation Range That Support Individual Acuña Cactus Plants

Nurse Plants

—Known populations of acuña cactus have been reported from between 365 and 1,150 m (1,198 to 3,773 ft) elevation within the paloverde-cacti-mixed scrub series of the Arizona Upland Subdivision of the Sonoran Desert-scrub (Brown 1994, p. 200; Arizona Rare Plant Guide Committee 2001, unnumbered pages; Arizona Game and Fish Department (AGFD) 2011, entire). This scrubland or low woodland contains leguminous trees, shrubs, and succulents including palo verde,

Olneya tesota

(ironwood),

Larrea tridentata

var.

tridentata

(creosote bush),

Ambrosia

spp. (bursage), and

Carnegia gigantea

(saguaro). The acuña cactus seedlings benefit from the protection of these native Sonoran Desert trees and shrubs, as well as other larger acuña cacti that act as nurse plants by providing protection from temperature extremes and physical damage (Felger 2000, p. 208; Johnson

et al.

1993, p. 178). The acuña cactus individuals are generally more robust next to nurse plants, as opposed to in open, exposed locations (Felger 2000, p. 208). Therefore, based on the information above, we identify the presence of creosote bush, ironwood, palo verde, and other native protective plants to be a physical or biological feature necessary for acuña cactus habitat.

Native Vegetation Dominance

—The acuña cactus habitat should be relatively free from perennial grass invaders as these alter structure, function, dominance, and disturbance regimes, and have been shown to drastically lower species diversity within the Sonoran Desert (Olsson

et al.

2012, p. 10). Such changes have great potential to impact acuña cacti and their pollinators. In addition, such introduced grasses as

Pennisetum ciliare

(buffelgrass) form continuous mats and remove open bare ground for nesting bees such as

Diadasia

spp. (Buchmann 2007, p. 13). These bees move nesting sites yearly to shed parasites, thereby requiring the continued availability of sandy, well-drained, bare ground available to create nests (Buchmann 2012, pers. comm.). Therefore, based on our review of the best available information, we identify Sonoran Desert-scrub habitat dominated by native plant species to be a physical or biological feature necessary for acuña cactus habitat.

Primary Constituent Elements for the Acuña Cactus

Under the Act and its implementing regulations, we are required to identify the physical or biological features essential to the conservation of acuña cactus in areas occupied at the time of listing, focusing on the features' primary constituent elements. We consider primary constituent elements to be the elements of physical or biological features that provide for a species' life-history processes and are essential to the conservation of the species.

Based on our current knowledge of the physical or biological features and habitat characteristics required to sustain the species' life-history processes, we determine that the

primary constituent elements specific to the acuña cactus are:

(i) Native vegetation within the Paloverde-Cacti-Mixed Scrub Series of the Arizona Upland Subdivision of the Sonoran Desert-scrub at elevations between 365 to 1,150 m (1,198 to 3,773 ft). This vegetation must contain predominantly native plant species that:

a. Provide protection to the acuña cactus. Examples of such plants are creosote bush, ironwood, and palo verde.

b. Provide for pollinator habitat with a radius of 900 m (2,953 ft) around each individual, reproducing acuña cactus.

c. Allow for seed dispersal through the presence of bare soils immediately adjacent to and within 10 m (33 ft) of individual acuña cactus.

(ii) Soils overlying rhyolite, andesite, tuff, granite, granodiorite, diorite, or Cornelia quartz monzonite bedrock that are in valley bottoms, on small knolls, or on ridgetops, and are generally on slopes of less than 30 percent.

Special Management Considerations or Protection

When designating critical habitat, we assess whether the specific areas within the geographical area occupied by the species at the time of listing contain features which are essential to the conservation of the species and which may require special management considerations or protection. All areas designated as critical habitat as described below may require some level of management to address the current and future threats to the physical or biological features essential to the conservation of the acuña cactus. In all of the described units, special management may be required to ensure that the primary constituent elements for the cactus are conserved and the habitat provides for the biological needs of the cactus. Some of the management activities that could ameliorate these threats include, but are not limited to, those discussed below.

(1) Practice livestock grazing in a manner that maintains, improves, and expands the quantity and quality of Sonoran desertscrub habitat. Special management considerations or protection may include the following: manage livestock grazing sustainably with the natural landscape by determining appropriate areas, seasons, and use consistent within the carrying capacity of rangeland in response to current and future drought and warming trends; improve monitoring and documentation of grazing practices; manage cattle and feral hoofed mammals (ungulates) (

e.g.,

burros) to reduce the risk of plants trampled and soil compaction; and manage for other small mammal species to restore desired processes to increase habitat quality and quantity.

(2) Minimize construction of new border control facilities, roads, towers, or fences. Special management considerations or protections may include the following: protect lands that support suitable habitat such that destruction of individual plants and their habitat is minimized and habitat is preserved.

(3) Manage or protect native Sonoran desertscrub vegetation communities from recreational impacts. Special management considerations or protection may include the following: manage trails, campsites, and off-road vehicles (ORVs); reduce the likelihood of wildfires affecting the acuña cactus populations and nearby plant communities.

(4) Protect suitable habitat from mineral development and associated infrastructure (new access roads). These activities could result in direct plant and habitat loss, or alteration by removing or degrading soils to such an extent that the soils would no longer support the growth of the acuña cactus. Special management considerations or protection may include the following: protect lands that support suitable habitat such that destruction is minimized and habitat is preserved.

(5) Manage for nonnative, invasive species, such as buffelgrass, by minimizing conditions that may promote or encourage encroachment or establishment of nonnative, invasive species and restore or reestablish conditions that allow native plants to thrive. Within the range of the acuña cactus, the establishment and success of nonnative, invasive species has been a result of historic land use and management practices such as grazing, wildfire suppression actions, mining, and ORV use. Actions have been taken by some land management agencies to reduce the spread of invasive species and reduce the risk of wildfire they pose from creating fine fuel loads. Nonnative, invasive species occur near acuña cactus populations and may pose a threat through competition for resources or increase the risk of fire. Special management considerations or protection may include the following: Prevent or restrict establishment of nonnative, invasive species; minimize ground-disturbing activities that may facilitate their spread; conduct post-disturbance restoration activities such as native plant propagation; practice active removal of nonnative, invasive plant species and targeted herbicide application (provided herbicides can be shown not to negatively impact the acuña cactus or the native pollinators); and improve monitoring and documentation on a site-by-site basis where nonnative, invasive species are present in occupied habitat to assess any effect (beneficial or negative) they pose of the cactus.

These management activities will protect the physical or biological features essential to the conservation of the acuña cactus by reducing the direct and indirect effects of habitat loss, alteration, or fragmentation; preserving the geology and soils that form the basis of its habitat; and maintaining the native vegetation communities and pollinators.

In summary, the primary constituent elements of the acuña cactus habitat may be impacted by livestock grazing; U.S.-Mexico border activities; recreational impacts; mineral development and associated transportation infrastructure; and nonnative, invasive species. Currently some of these threats are not identified to occur at a level that threatens populations with extirpation; however, without management of these threats, they could rise to this level. The units designated as critical habitat within the geographical area occupied by the species at the time of listing contain the physical or biological features essential to the conservation of the acuña cactus. Special management considerations or protection may be required to eliminate, or reduce to a negligible level, the threats affecting each unit or subunit and to preserve and maintain the essential features that the critical habitat units and subunits provide to the cactus.

Criteria Used To Identify Critical Habitat

As required by section 4(b)(2) of the Act, we use the best scientific data available to designate critical habitat. We reviewed available information pertaining to the habitat requirements of the species. In accordance with the Act and its implementing regulations at 50 CFR 424.12(b), we considered whether designating additional areas—outside those currently occupied as well as those occupied at the time of listing—are necessary to ensure the conservation of the species. We are designating critical habitat in areas within the geographical area occupied by the species at the time of listing as described in the final rule to list the acuña cactus and the Fickeisen plains cactus (see the “Distribution and Range” section of the final listing rule (78 FR 60608, October 1, 2013)) and that contain one or more of the identified primary constituent elements. We are

not designating any additional areas outside those currently occupied by the species as critical habitat for acuña cactus.

We reviewed available information and supporting data that pertain to the habitat requirements of the acuña cactus. This information included research published in peer-reviewed articles and presented in academic theses and agency reports, as well as data collected from long-term monitoring plots, interviews with experts, and regional climate data and GIS coverage. Sources of information include, but are not limited to: Brown 1994, Buchmann 2007, Butterwick 1982-1992, Felger 2000, Holm 2006, Johnson 1992, Johnson

et al.

1993, McDonald 2007, Olsson

et al.

2012, Phillips

et al.

1982, National Park Service 2011a, National Park Service 2011b, Rutman 2007, van Rheede van Oudtshorrn and van Rooyen 1999, and Western Regional Climate Center 2012. Based on this information, we developed a strategy for determining which areas meet the definition of critical habitat for acuña cactus.

Occupied Area at the Time of Listing

In identifying proposed critical habitat units for acuña cactus, we proceeded through a multi-step process. We obtained all records for acuña cactus distribution from AGFD, as well as both published and unpublished documentation from our files. There is no information on the historical range of this species; survey results confirm that plant distribution in the United States comprises disjunct occupied habitat in two general areas of south-central Arizona.

Our approach to delineating critical habitat units was applied in the following manner:

(1) We overlaid acuña cactus locations into a GIS database. This provided us with the ability to examine slope, aspect, elevation, geologic type, vegetation community, and topographic features. These data points verified and slightly expanded the previously recorded elevation ranges for acuña cactus.

(2) In addition to the GIS layers listed above, we then included a 900-m (2,953-ft) pollination area around known populations to ensure that all potential pollinators would have a sufficient land base to establish nesting sites and to provide pollinating services for acuña cactus, as described in

Physical or Biological Features

for the acuña cactus above.

(3) We then drew critical habitat boundaries that captured the locations elucidated under (1) and (2) above. Critical habitat designations were then mapped using Albers Equal Area (Albers) North American Datum 83 (NAD 83) coordinates.

We defined six critical habitat units and subunits within the current distribution of the species in two general areas of south-central Arizona. The units and subunits contain approximately 2,580 individuals. Within these units and subunits, several geologic, topographic, elevation, slope, and vegetation community features have been defined, which in combination create acuña cactus habitat that is essential to the conservation of the species, though not all lands containing this combination support the acuña cacti. Although we no longer regard additional unoccupied areas as essential for the conservation of the species (refer to the revised proposed critical habitat designation for the acuña cactus and the Fickeisen plains cactus (78 FR 40673, July 8, 2013), we recognize that areas containing the physical or biological features necessary for the acuña cactus and which receive higher precipitation levels may be useful for

ex situ

(offsite) conservation measures at a future time.

When determining critical habitat boundaries, we made every effort to avoid including developed areas such as lands covered by buildings, pavement, and other structures because such lands lack physical or biological features for the acuña cactus. The scale of the maps we prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed lands. Any such lands inadvertently left inside critical habitat boundaries shown on the maps of this final rule have been excluded by text and are not designated as critical habitat. Therefore, a Federal action involving these lands would not trigger section 7 consultation with respect to critical habitat and the requirement of no adverse modification unless the specific action would affect the physical or biological features in the adjacent critical habitat.

The critical habitat designation is defined by the map or maps, as modified by any accompanying regulatory text, presented at the end of this document in the rule portion. We include more detailed information on the boundaries of the critical habitat designation in the preamble of this document. We will make the coordinates or plot points or both on which each map is based available to the public on

http://www.regulations.gov

at Docket No. FWS-R2-ES-2013-0025, on our Internet sites

http://www.fws.gov/southwest/es/arizona/,

and at the field office responsible for the designation (see

FOR FURTHER INFORMATION CONTACT

above).

Critical Habitat Designation for the Acuña Cactus

We are designating six units as critical habitat for the acuña cactus. The critical habitat areas we describe below constitute our current best assessment of areas that meet the definition of critical habitat for the acuña cactus. The six units we are designating as critical habitat are: (1) Organ Pipe Cactus National Monument, (2) Ajo, (3) Sauceda Mountains, (4) Sand Tank Mountains, (5) Mineral Mountain, and (6) Box O Wash. All six units were occupied by the acuña cactus at the time of listing. The approximate area of each critical habitat unit is shown in Table 1.

Table 1—Designated Critical Habitat Units for the Acuña Cactus

Unit or subunit

Federal

Ha

Ac

State

Ha

Ac

Private

Ha

Ac

Total

Ha

Ac

1—Organ Pipe Cactus National Monument Unit

2,416

5,971

0

0

0

0

2,416

5,971

2—Ajo Townsites Subunit

89

220

0

0

330

815

419

1,035

2—Ajo Little Ajo Mountains Subunit

106

263

0

0

141

347

247

610

3—Sauceda Mountains Unit

1,102

2,724

0

0

0

0

1,102

2,724

4—Sand Tank Mountains Unit

549

1,355

0

0

0

0

549

1,355

5—Mineral Mountain Unit

570

1,408

217

537

0

0

787

1,945

6—Box O Wash Subunit A

4

9

1,348

3,332

369

913

1,721

4,253

6—Box O Wash Subunit B

0

0

158

391

102

251

260

642

Total

4,836

11,950

1,723

4,260

942

2,326

7,501

18,535

Note:

Area sizes may not sum due to rounding.

We present brief descriptions of all units, and reasons why they meet the definition of critical habitat for the acuña cactus, below.

Unit 1: Organ Pipe Cactus National Monument

The unit consists of 2,416 ha (5,971 ac) within OPCNM in southwestern Pima County, Arizona. The unit is on federally owned land administered by the National Park Service. Land within this unit was occupied at the time of listing with the largest known population of the acuña cactus, approximately 2,000 individuals. This unit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the acuña cactus. This unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

Grazing and mining are not permitted within OPCNM; however, nonnative, invasive species issues and off-road border-related activities do occur in OPCNM. Special management considerations or protection may be required within this unit to address off-road border-related human disturbances or to prevent or remove nonnative, invasive species within the acuña cactus habitat.

Unit 2: Ajo

Unit 2 is located in and near the town of Ajo in southwestern Pima County, Arizona. The unit consists of two subunits totaling 666 ha (1,645 ac). This unit contains 195 ha (483 ac) of federally owned land and 470 ha (1,162 ac) of private land. The Federal land is administered by the BLM. This entire unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

Subunit 2a: Townsites—

Subunit 2a consists of 330 ha (815 ac) of private land and 89 ha (220 ac) of BLM land in and around the town of Ajo, Arizona. This subunit comprises four separate populations of the acuña cactus on private and BLM lands, which are close enough in proximity to be combined within the 900-m (2,953-ft) radius defined for pollinators. Lands within this subunit are occupied at the time of listing; the combined number of plants occurring within this subunit is 70. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the acuña cactus.

Subunit 2b: Little Ajo Mountains—

Subunit 2b consists of 106 ha (263 ac) of BLM lands and 141 ha (347 ac) of private lands south of the town of Ajo, Arizona. Lands within this subunit are occupied at the time of listing, containing seven individual plants. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the acuña cactus.

The features essential to the conservation of the species within both subunits are threatened by mining; urban development; off-road U.S.-Mexican border activities; and nonnative, invasive species issues. Special management considerations or protection may be required within the subunits to minimize habitat fragmentation; to minimize disturbance to acuña cactus individuals, soil, and associated native vegetation; and to prevent or remove nonnative, invasive species within the acuña cactus habitat.

Unit 3: Sauceda Mountains

Unit 3 is located in the Sauceda Mountains of northwestern Pima and southwestern Maricopa Counties, Arizona. We are excluding approximately 156 ha (385 ac) of Tohono O'odham land and exempting 378 ha (935 ac) of BMGR land from this unit, leaving 1,102 ha (2,724 ac) of federally owned land administered by the BLM (refer to the Exclusions and Exemptions sections of the preamble to this rule). This unit comprises four separate populations that are close enough in proximity as to be combined within the 900-m (2,953-ft) radius defined for pollinators. Lands within this unit were occupied at the time of listing; the combined number of plants occurring within this unit is 212. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the acuña cactus. This unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

The features essential to the conservation of the species within the unit are threatened by mining; grazing; nonnative, invasive species issues; and off-road U.S.-Mexican border activities. Special management considerations or protection may be required within the unit to minimize habitat fragmentation; to minimize disturbance to individual acuña cactus individuals, soil, and associated native vegetation; and to prevent or remove nonnative, invasive species within acuña cactus habitat.

Unit 4: Sand Tank Mountains

Unit 4 consists of 549 ha (1,355 ac) within the Sonoran Desert National Monument of southwestern Maricopa County, Arizona. The unit is on federally owned land administered by the BLM. Land within this unit was occupied at the time of listing; the combined number of plants occurring within this unit is 200 individuals in 3 separate populations. This unit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the acuña cactus. This unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

Grazing and mining are not permitted within the Sonoran Desert National Monument; however, off-road border-related activities; nonnative, invasive species issues; and trespass livestock grazing may occur in this unit. Special management considerations or protection may be required within this unit to minimize disturbance to acuña cactus individuals, the soil, and associated native vegetation; and to prevent or remove nonnative, invasive species within acuña cactus habitat.

Unit 5: Mineral Mountain

Unit 5 consists of 787 ha (1,945 ac) on Mineral Mountain of north-central Pinal County, Arizona. This unit contains 570 ha (1,408 ac) of federally owned land and 217 ha (537 ac) of State-owned

land. The Federal land is administered by the BLM (569 ha (1,406 ac)) and the Bureau of Reclamation (1 ha (2 ac)).

This unit contains 5 separate known populations totaling 33 individuals on lands administered by the BLM and the State of Arizona. This unit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the acuña cactus. This unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

Livestock grazing and ORV activity occur in this unit, and mining occurs nearby. Nonnative, invasive species issues may occur in or nearby this unit. Special management considerations or protection may be required within the unit to minimize habitat fragmentation; to minimize disturbance to acuña cactus individuals, soil, and associated native vegetation; and to prevent or remove nonnative, invasive species within acuña cactus habitat.

Unit 6: Box O Wash

Unit 6 is located near Box O Wash of north-central Pinal County, Arizona. This unit consists of two subunits totaling 1,981 ha (4,895 ac). This unit contains 4 ha (9 ac) of federally owned land, 1,506 ha (3,722 ac) of State-owned land, and 471 ha (1,164 ac) of privately owned land. The Federal land is administered by the BLM. This entire unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

Subunit 6a: Box O Wash A

—Subunit 6a consists of 4 ha (9 ac) of BLM land, 369 ha (913 ac) of private land, and 1,348 ha (3,332 ac) of State land east of Florence, Arizona. This subunit comprises two separate populations of the acuña cactus on private and State-owned lands, which are close enough in proximity to be combined within the 900-m (2,953-ft) radius defined for pollinators. Lands within this subunit were occupied at the time of listing; the combined number of plants occurring within this subunit is 11. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the acuña cactus.

Subunit 6b: Box O Wash B

—Subunit 6b consists of 158 ha (391 ac) of State-owned land and 102 ha (251 ac) of private land east of Florence, Arizona. This subunit comprises one population of the acuña cactus on State-owned land; the 900-m (2,953-ft) radius defined for pollinators overlaps into private land. This area was surveyed twice in 2008, with 32 living acuña cacti found in 1 survey and 45 in a second survey. A 2011 survey resulted in no living plants located; however, this was not a complete survey of the area. Since the 2011 survey was not a comprehensive survey, and a relatively large number of plants were found here in 2008, we assume the plants still occur in this subunit. Therefore, we consider lands within this subunit occupied at the time of listing. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the acuña cactus.

Livestock grazing and ORV activity occur within both subunits, and mining occurs nearby. Nonnative, invasive species issues may occur in or nearby this unit. Special management considerations or protection may be required within the subunits to minimize habitat fragmentation; to minimize disturbance to acuña cactus individuals, soil, and associated native vegetation; and to prevent or remove nonnative, invasive species within acuña cactus habitat.

Fickeisen Plains Cactus

Physical or Biological Features

We derive the specific physical or biological features required for the Fickeisen plains cactus from studies of the species' habitat, ecology, and life history as described below. We have determined that the Fickeisen plains cactus requires the following physical or biological features:

Appropriate Topography and Elevation Range That Support Individual Fickeisen Plains Cactus Plants

The Fickeisen plains cactus is a narrow endemic with a wide distribution on the Colorado Plateau in Coconino and Mohave Counties, Arizona. Populations are found at elevations from 1,280 to 1,814 m (4,200 to 5,950 ft) with approximately 1,132 plants in 33 populations documented within an 8,668-square-kilometer (sq km) (3,347-square-mile (sq mi)) range. About 90 percent of individuals occur in Coconino County.

The Colorado Plateau consists of a series of subplateaus that are dissected by major structural features (Foos 1999, pp. 2-4). The Fickeisen plains cactus is found on several subplateaus and tablelands including the Coconino, Kaibab, Kanab, Shivwits, and Uinkaret Plateaus, and House Rock Valley. These landforms are characterized by normal faults (Hurricane, Toroweap, and Sevier Faults), monoclines (Grandview and Black Point Monoclines), synclines (Cataract Syncline), deep-seated canyons (Marble Canyon, Cataract Canyon of the Grand Canyon), and deep washes (Mays Wash) (Billingsley and Dyer 2003, p. 3; Billingsley

et al.

2006, pp. 1-3; Billingsley

et al.

2007, pp. 2-3), which form boundaries separating the subplateaus, and act as topographic barriers isolating populations of the Fickeisen plains cactus.

The Fickeisen plains cactus is found exclusively on limestone soils derived predominantly from the Harrisburg Member of the Kaibab Formation. The Harrisburg Member consists of reddish-gray and brownish-gray, slope-forming gypsum, siltstone, sandstone, and limestone; and includes an upper, middle, and lower part. The upper bed consists of gray, cherty limestone that forms the bedrock surface while the middle unit comprises thick, cliff-forming limestone beds and the lower bed consists of slope-forming gypsiferous siltstone, sandstone, limestone, and gypsum (Billingsley 2000, pp. 3-4).

Folding and uplifting of bedrock, basalt flows, and erosional processes across the Colorado Plateau exposes other sedimentary rock formations found in occupied habitat.

The Hurricane Cliffs exposes the Kaibab Formation on the upper part and much of the bedrock surface of the Shivwits and Uinkaret Plateaus, while siltstone, sandstone, and limestone of the Toroweap Formation is well exposed on the lower steep slopes and ledges (Billingsley and Dyer 2003, pp. 3-4). East of the Hurricane Cliffs and in the habitat of the Clayhole Wash population, ledge-forming limestone beds that are separated by slopes of gypsiferous siltsone of the Moenkopi Formation are exposed under Quarterary basalt flows (Billingsley 1994, p. 2). Erosional unconformities separate the Kaibab and Moenkopi Formations in this area (Billingsley

et al.

2002, p. 3). In House Rock Valley, the Kaibab Formation forms most of the bedrock surface and rims along Marble Canyon. In some places, the Kaibab Formation is covered by siltstone and sandstone of the Moenkopi Formation (Billingsley and Priest 2010, p. 5).

Exposed limestone surfaces include mesas, plateaus, fan terraces, flat to gentle sloping hills, along canyon rims, and washes, which provide habitat to support the cactus. Individuals are found on the western, southwestern, and southern-facing exposures with slopes less than 20 percent (Arizona Rare Plant Committee 2001; AGFD 2011a, p. 2), although most plants are

observed on slopes less than 10 percent. The surface material is derived from the erosion of limestone and sandstone in the form of alluvium, colluvium, or eolian deposits.

Based on the above information, we identify mesas, plateaus, terraces, flat to gently sloping hills less than 20 percent slope; margins of canyon rims and desert washes that are overlain with alluvium, colluvium, or eolian deposits, or eolian sand over alluvium; alluvium derived predominantly from limestone of the Harrisburg Member of the Kaibab Formation; and limestone, siltstone, and sandstone of the Toroweap and Moenkopi Formations as a physical or biological feature essential to the conservation of the Fickeisen plains cactus.

Appropriate Soil Structure and Vegetation Community That Support Individual Fickeisen Plains Cactus Plants

The presence of unique soil structure and chemistry may determine where a rare plant species exits. The Fickeisen plains cactus is found on gravelly limestone soils underlain by alluvium. There are several soil series associations that support the Fickeisen plains cactus (Table 2). These share common properties or characteristics of soil that is well-drained, nonsaline to slightly saline with a soil pH from 7.9 to 8.4 (NatureServe 2011; Natural Resources Conservation Service (NRCS) 2012), and shallow (15 to 51 cm (6 to 20 in) to bedrock), although some are moderately deep to very deep (more than 203 cm (80 in) to bedrock). Most Fickeisen plains cacti are found in shallow soils. Fewer plants are found on deeper soils, but these plants may not persist long-term from being water logged after rainstorms or subjected to debris flows. The texture of the surface layer includes gravelly loam, fine sandy loam, gravelly sandy loam, clay loam, cobbly loam, and stony loam (NRCS 2012). The fine-textured and very loose soil texture may enable the plant to be completely buried once retracted (Navajo National Heritage Program (NNHP) 1994, p. 3), thereby protecting the apex from exposure to low temperatures during the winter season. The habitat is also stable with little soil movement following runoff events.

Table 2—Soil Class Associated With the Fickeisen Plains Cactus Habitat

Soil series classification

Percent slope

Dutchman-McCullan complex

1-10

Kinan gravelly loam

1-15

Kinan-Pennell complex

4-15

Mellenthin very gravelly loam

1-25

Mellenthin-Progresso complex

1-7

Mellenthin-Rock outcrop-Torriorthents complex

10-70

Mellenthin-Tanbark complex

5-50

Moenkopie-Goblin complex

5-50

Monierco clay loam

2-15

Monue-Seeg complex

1-6

Pennell cobbly loam

3-10

Pennell gravelly sandy loam

20-45

Saido-Brinkerhoff complex

1-5

Strych very gravelly loam

2-10

Twist sandy loam

2-10

Winona gravelly loam

0-8

Winona stony loam

0-8

Winona-Boysag gravelly loams

0-8

Winona-Rock outcrop complex

15-30 and

30-70

The Fickeisen plains cactus is primarily found in sparsely vegetated areas in full sun. However, habitat in Mohave County, Arizona, supports dense patches of grasses and desert shrubs. Adult Fickeisen plains cacti that are growing underneath a shrub canopy or in partially shaded clumps of grama grass have been observed to be larger and fuller than those growing in fully open areas (Robertson 2011, p. 1). Similar observations have been reported on the Navajo Nation (NNHP 1994, p. 4). Some amount of canopy cover may create suitable microhabitat conditions that enhance Fickeisen plains cactus' survival by providing protection from the sun and wind, and by decreasing the rate of evapotranspiration (Milne 1987, p. 34).

Microbiologic soil crusts are present across areas of the Colorado Plateau and occur near the Fickeisen plains cactus (United States Forest Service (USFS) 1999, entire; BLM 2007a, pp. 3-15). Biological soil crusts are formed by a community of living organisms that can include cyanobacteria, green algae, microfungi, mosses, liverworts, and lichens (Belnap 2006, pp. 361-362). These crusts provide many positive benefits to the larger vegetation community by providing fixed carbon and nitrogen on sparsely vegetated soils, soil stabilization and erosion control, water infiltration, improved plant growth, and seedling germination (Rychert

et al.

1978, entire; NRCS 1997, pp. 8-10; Floyd

et al.

2003, p. 1704; Belnap 2006, entire). Although there is no information indicating a relationship between the Fickeisen plains cactus and benefits derived from the soil crust, their presence supports native desert vegetation that also supports the Fickeisen plains cactus habitat.

The specific physiological and soil nutritional needs of the Fickeisen plains cactus are not known at this time. Locations containing apparently suitable habitat on the Arizona Strip have been searched between the years of 1986 and 2010, and no additional individuals or populations have been found to date. The factors limiting the taxon's distribution are unknown, but could be related to microsite differences (such as nutrient availability, soil microflora, soil texture, or moisture). Although we do not have information to fully explain what components the plant prefers, a preliminary soil study on the Kaibab National Forest suggested that sites having higher density of plants occur in gravelly soils and these have higher levels of micro and macro nutrients compared to sandier soils where fewer plants are found. The higher amounts of potassium, nitrate,

sodium, zinc, copper, and soluble phosphate in the gravelly soil may be a result of weathering over time (MacDonald (USFS) 2013, pers. comm.). While further investigation is warranted at other populations, it may help distinguish the quality of habitat for the taxon across its range.

Based on the above information, we identify soils from the appropriate soil series that are well-drained, shallow to moderately deep, stable, and consist of gravelly loam, fine sandy loam, gravelly sandy loam, clay loam, and cobbly loam with limestone and chert gravel as a physical or biological feature essential to the conservation of the Fickeisen plains cactus.

Habitat for Individual and Population Growth, Including Sites for Germination, Pollination, Reproduction, Pollen and Seed Dispersal, and Seed Banks

The Fickeisen plains cactus habitat is found within the Great Basin Desert and is associated with the Plains and Great Basin grasslands and Great Basin desertscrub (Benson 1982, p. 764; NatureServe 2011). Dominant native plant species that are commonly associated with these biotic communities include:

Artemisia tridentata

(sagebrush),

Atriplex canescens

(four-wing saltbush),

Atriplex confertifolia

(shadscale),

Bouteloua eriopoda

(black grama),

Bouteloua gracilis

(blue grama),

Bromus

spp. (brome),

Chrysothamnus

spp. (rabbit-bush),

Ephedra torreyana

(Mormon tea),

Kraschenninikovia lanata

(winterfat),

Gutierrezia sarothrae

(broom snakeweed),

Pleuraphis jamesii

(James's galleta),

Achnatherum hymenoides

(Indian ricegrass),

Sphaeralcea

spp. (globe-mallow), and

Stipa

spp. (needlegrass). Other native species that are commonly found include

Agave utahensis

(century plants),

Echinocactus polycephalus

spp. and

Escobaria vivipara

var.

rosea

(foxtail cactus) (Brown 1994, pp. 115-121; Turner 1994, pp. 145-155; Hughes 1996b, p. 2; Goodwin 2011a, p. 4; NatureServe 2011).

These grasslands also support native annuals and perennial flowering plants that support a diversity of native bees and insect pollinators, which are essential for Fickeisen plains cactus reproduction. Reproduction for plant species within the genera of

Pediocactus

occurs by cross-pollination (Pimienta-Barrios and del Castillo 2002, p. 79). Pollinators observed visiting flowers of the Fickeisen plains cactus include hover flies (family Syrphidae), bee flies (family Bombyliidae), mining bees (family Andrenidae), and sweat bees (family Halictidae) (Milne 1987, p. 21; NNHP 1994, p. 3). Although flies may pollinate flowers of the Fickeisen plains cactus when they eat pollen or nectar, the primary pollinators for the Fickeisen plains cactus are believed to be halictid bees from the genera

Lasioglossum, Halictus,

and

Agapostemon,

based on several studied species of

Pediocactus

(Tepedino 2012, pers. comm.).

Since pollination is essential to the conservation of the Fickeisen plains cactus, we evaluated alternatives for determining the effective pollinator distance for the taxon. Foraging distances vary by species and body size (Greenleaf

et al.

2007, p. 592

),

but the typical flight distances of halictid bees in the genera

Lasioglossum

are 10 to 410 m (33 to 1,345 ft). The foraging distance for the largest bodied bee in the genera

Agapostemon

(sweat bees in the Family Halictidae) is approximately 1,000 m (3,280 ft) (Tepedino 2012, pers. comm.). We believe 1,000 m (3,280 ft) represents a reasonable estimate of the area needed around the Fickeisen plains cactus population to provide sufficient habitat for the pollinator community. As noted above, many other insects likely contribute to the pollination of this species, and some may travel greater distances than others. However, these pollinators may also forage, nest, overwinter, or reproduce within 1,000 m (3,280 ft) of Fickeisen plains cactus. As a result, we considered the Fickeisen plains cactus pollinator area to be 1,000 m (3,280 ft) around individual plants, based on the rationale that pollinators using habitat farther away may not be as likely to contribute to the conservation and recovery of this species.

The Fickeisen plains cactus relies solely on the production of seed for reproduction (Pimienta-Barrios and del Castillo 2002, p. 79). Optimal seed set occurs through visitation and pollination by native bees and other insect pollinators. Seed production in the Fickeisen plains cactus is considered to be low (Hughes 2011, pers. comm.), and most species of

Pediocactus

have poor seed dispersal mechanisms (Benson 1982, p. 750). We do not know the soil moisture, nutrient, or temperature requirements for Fickeisen plains cactus germination. Seedlings are often observed near the parent plant (Goodwin 2011a, p. 9) and do better when shade is provided by a parent or nurse rock (Nobel 1984, p. 316; Milne 1987, p. 34).

Maintaining genetic diversity is essential for persistence of the Fickeisen plains cactus because of its endemism, small population size, and disjunct populations (Tepedino

et al.

1996, p. 245). In general, maintaining adequate populations of the Fickeisen plains cactus' primary pollinators, which likely depends on the presence and diversity of other native plant species in sufficient numbers within, near, and between populations, is essential to facilitate gene flow (NatureServe 2011). Moreover, maintaining areas with a high diversity of native plant species is necessary to sustain populations of native pollinators (Peach

et al.

1993, p. 314). Low numbers of abundant flowers offering little reward can lead to low rates of plants visited by pollinators (Wilcox and Neiland 2002, pp. 272-273). As the Fickeisen plains cactus does not reproduce vegetatively, pollination is highly linked to their survival. A lack of pollinators would gradually decrease the number of seeds in the seed bank and the conservation potential for the Fickeisen plains cactus (Wilcock and Neiland 2002, p. 276).

Therefore, based on the best available information above, we identify a pollination area with a radius of 1,000 m (3,280 ft) around each Fickeisen plains cactus that includes native vegetation of the Great Basin desertscrub and Plains and Great Basin grasslands, and habitat for pollinators as a physical or biological feature essential to the conservation of the Fickeisen plains cactus.

Habitats That Are Protected From Disturbance or Representative of the Historical, Geographical, and Ecological Distribution of the Species

The Fickeisen plains cactus has a restricted geographical distribution. Endemic species whose populations exhibit a high degree of isolation are extremely susceptible to extinction from random and non-random, catastrophic, natural or human-caused events. Therefore, the conservation of the Fickeisen plains cactus is dependent on several factors, including, but not limited to: (1) Maintenance of areas of sufficient size and configuration to sustain natural ecosystem components, functions, and processes (such as sun exposure, native shrubs or grasses that provide microhabitats for seedlings, natural fire and hydrologic regimes, preservation of biological soil crusts that support the surrounding vegetation community, and adequate biotic balance to prevent excessive herbivory); (2) protection of the existing substrate continuity and structure; (3) connectivity among clusters of plants within geographic proximity to facilitate gene flow among these sites through pollination activity and seed dispersal; and (4) sufficient adjacent suitable habitat for reproduction and population expansion.

A natural, generally intact surface and subsurface that is free of inappropriate disturbance associated with land use activities (such as trampling and soil compaction from livestock grazing) and associated physical processes such as the hydrologic regime are necessary to provide water, minerals, and other physiological needs for the Fickeisen plains cactus. A natural intact surface and subsurface includes the preservation of soil qualities (texture, slope, rooting depth) to enable the seasonal ability of plants to retract below the subsurface to enter dormancy, but emerge when conditions are favorable. A natural hydrologic regime includes the seasonal retention of soil moisture followed by the drying out of the substrate to promote growth of plants for the following season. These processes enable populations to develop and maintain seed banks, and to provide for successful seedling survival, adult growth, and expansion of populations. The Fickeisen plains cactus must sustain and expand in number if ecological representation of this species is to be ensured. Therefore, based on the information above, we identify natural, generally intact surface and subsurface that preserves the physical processes, such as soil quality and the natural hydrology of a natural vegetation community, to be physical or biological features for this species.

Primary Constituent Elements for the Fickeisen Plains Cactus

Based on our current knowledge of the physical or biological features and habitat characteristics required to sustain the species' life-history processes, we determine that the primary constituent elements specific to the Fickeisen plains cactus are:

1. Soils derived from limestone that are found on mesas, plateaus, terraces, the toe of gently sloping hills with up to 20 percent slope, margins of canyon rims, and desert washes. These soils have the following features:

a. They occur on the Colorado Plateau in Coconino and Mohave Counties of northern Arizona and are within the appropriate series found in occupied areas;

b. They are derived from alluvium, colluvium, or eolian deposits of limestone from the Harrisburg Member of the Kaibab Formation and limestone, siltstone, and sandstone of the Toroweap and Moenkopi Formations;

c. They are nonsaline to slightly saline, gravelly, shallow to moderately deep, and well-drained with little signs of soil movement. Soil texture consists of gravelly loam, fine sandy loam, gravelly sandy loam, very gravelly sandy loam, clay loam, and cobbly loam.

2. Native vegetation within the Plains and Great Basin grassland and Great Basin desertscrub vegetation communities from 1,310 to 1,813 m (4,200 to 5,950 ft) in elevation that has a natural, generally intact surface and subsurface that preserves the bedrock substrate and are supportive of microbiotic soil crusts where they are naturally found.

3. Native vegetation that provides for habitat of identified pollinators within the effective pollinator distance of 1,000 m (3,280 ft) around each individual Fickeisen plains cactus.

Special Management Considerations or Protections

When designating critical habitat, we assess whether the specific areas within the geographical area occupied by the species at the time of listing contain features which are essential to the conservation of the species and which may require special management considerations or protection. All areas designated as critical habitat as described below may require some level of management to address the current and future threats to the physical or biological features essential to the conservation of the Fickeisen plains cactus. In all of the described units, special management may be required to ensure that the primary constituent elements for the cactus are conserved and the habitat provides for the biological needs of the cactus. Some of the management activities that could ameliorate these threats include, but are not limited to, those discussed below.

(1) Practice livestock grazing in a manner that maintains, improves, and expands the quantity and quality of desertscrub and grassland habitat. Special management considerations or protection may include the following: Manage livestock grazing sustainably with the natural landscape by determining appropriate areas, seasons, and use consistent within the carrying capacity of rangeland in response to current and future drought and warming trends; improve monitoring and documentation of grazing practices; manage cattle and feral hoofed mammals (ungulates) (

e.g.,

horses, burros) to reduce the risk of plants trampled and soil compaction; and manage for other small mammal species to restore desired processes to increase habitat quality and quantity.

(2) Manage for nonnative, invasive species, such as

Bromus tectorum

(cheatgrass),

Bromus rubens

(red brome), or

Erodium cicutarium

(redstem filaree), by minimizing conditions that may promote or encourage encroachment or establishment of nonnative, invasive species and restore or reestablish conditions that allow native plants to thrive. Within the range of the Fickeisen plains cactus, the establishment and success of nonnative, invasive species has been a result of historic land use and management practices such as logging, grazing, wildfire suppression actions, mining, and ORV use. Actions have been taken by land management agencies to reduce the spread of invasive species and reduce the risk of wildfire they pose from creating fine fuel loads. Nonnative, invasive species occur near Fickeisen plains cactus habitat and may pose a threat through competition for resources or increase the risk of fire. Special management considerations or protection may include the following: Prevent or restrict establishment of nonnative, invasive species; minimize ground-disturbing activities that may facilitate their spread; implement post-disturbance restoration activities such as native plant propagation; practice active removal of nonnative, invasive plant species and targeted herbicide application (provided herbicides can be shown not to negatively impact the Fickeisen plains cactus or the native pollinators); and improve monitoring and documentation on a site-by-site basis where nonnative, invasive species are present in occupied habitat to assess any effect (beneficial or negative) they pose of the cactus.

(3) Protect bedrock surfaces and associated limestone soils that provide suitable habitat from mineral development and associated infrastructure (new roads). Numerous breccia pipes (vertical, pipe-shaped bodies of highly fractured rock that collapsed into voids created by dissolution of underlying rock) are located across the Colorado Plateau and are expressed as circular collapse structures, minor folds, and other surface irregularities associated with the Kaibab and Toroweap Formations. Exploration and development of uranium has peaked and waned in accordance with market values. Areas of interest and oil and gas leasing/exploration overlap Fickeisen plains cactus habitat. These activities could result in direct habitat loss or alteration by removing or degrading limestone soils to such an extent that the soils would no longer support the growth of the Fickeisen plains cactus. Special management considerations or protection may include the following: Protect lands that support suitable habitat and site future development

such that the destruction or removal of limestone from the Kaibab, Toroweap, and Moenkopi formations is minimized and depositional areas are preserved.

(4) Manage or protect native desertscrub and plains grassland vegetation communities from recreational impacts. Special management considerations or protections may include the following: Managing trails, campsites, and ORVs; and reduce the likelihood of wildfires affecting the population and nearby plant community.

These management activities will protect the physical or biological features essential to the conservation of the Fickeisen plains cactus by reducing the direct and indirect effects of habitat loss, alteration, or fragmentation; preserving the bedrock surfaces and associated limestone soils that form the basis of its habitat; and maintaining the native vegetation communities and its pollinators.

In summary, the primary constituent elements of the Fickeisen plains cactus habitat may be impacted by livestock grazing; nonnative, invasive species; mineral development and associated transportation infrastructure; and recreation. We find that these activities may not be direct threats to the species as a whole, but may negatively impact the primary constituent elements. The areas designated as critical habitat within the geographical area occupied by the taxon at the time of listing contain the physical or biological features essential to the conservation of the Fickeisen plains cactus. Special management considerations or protection may be required to eliminate, or reduce to a negligible level, the threats affecting each unit or subunit and to preserve and maintain the essential features that the critical habitat units and subunits provide to the cactus.

Criteria Used To Identify Critical Habitat

As required by section 4(b)(2) of the Act, we use the best scientific data available to designate critical habitat. We review available information pertaining to the habitat requirements of the species. In accordance with the Act and its implementing regulation at 50 CFR 424.12(e), we consider whether designating additional areas—outside those currently occupied as well as those occupied at the time of listing—are necessary to ensure the conservation of the species. We have determined that all areas we are designating as critical habitat are within the geographical area occupied by the species at the time of listing (see the “Abundance and Trends” section in the final listing rule (78 FR 60608, October 1, 2013) for more information).

Based on the best available information, we conclude that the six critical habitat units are occupied by the Fickeisen plains cactus. We acknowledge that several of the populations have not been visited for more than 18 years, but we have determined they should be considered occupied at the time of listing. We are making this conclusion because the unvisited populations are within close proximity to other occupied areas within suitable habitat that includes monitored sites; they occur in areas with the same geology, elevation, and vegetation community as nearby known occupied sites; the environmental conditions at these sites have not been severe enough to result in loss of habitat, thereby causing possible extirpation of cactus from these areas or impeded establishment; information is insufficient to suggest that populations no longer are viable (lack of observations does not mean those populations have been extirpated); and the cactus has a lifespan of 10 to 15 years. The best available science indicates that there were once small populations of the cactus at these sites, and there is no evidence known to indicate otherwise. Please refer to the proposed listing and critical habitat rule (77 FR 60509, October 3, 2012) for more information on our rationale for including them within the final designation of critical habitat.

We considered areas outside the geographical area occupied by the Fickeisen plains cactus at the time of listing, but we are not designating any areas outside the geographical area occupied by the Fickeisen plains cactus. In our review, the Fickeisen plains cactus occurs across a broad range with different topography, large elevational gradients, and vegetation communities (AGFD 2011b, entire). Due to the vastness and diversity of the range, there are areas within its geographical range that provides for in-situ (on-site) conservation if needed in the future. Therefore, we determined that a subset of occupied lands within the species' current range is adequate to ensure the conservation of the Fickeisen plains cactus.

We reviewed available information and supporting data that pertains to the habitat requirements of the Fickeisen plains cactus. This information included research published in peer-reviewed articles, soil surveys, agency reports, special land assessments, and data collected from long-term monitoring plots, interviews with experts, and regional climate data and GIS coverage. Sources of information include, but are not limited to: AGFD 2011b, AZGS 2011, Billingsley

et al.

2002, Billingsley and Dyer 2003, Billingsley

et al.

2006, Billingsley

et al.

2007, Billingsley and Priest 2010, BLM 2007a, Calico 2012, Goodwin 2011a, Hazelton 2012a, Milne 1987, NNHP 2011a, NRCS 2012, Phillips

et al.

1982, Travis 1987, and Western Regional Climate Center 2012. Based on this information, we developed a strategy for determining which areas meet the definition of critical habitat for the Fickeisen plains cactus.

In identifying critical habitat units for the Fickeisen plains cactus, we proceeded through a multi-step process. We obtained all records for the distribution of the Fickeisen plains cactus from AGFD, as well as both published and unpublished documentation from our files. Recent survey results confirm that current plant distribution is similar to documented distribution records with the exception that additional populations have been found following survey efforts.

Our approach to delineating critical habitat units was applied in the following manner:

(1) We overlaid locations of the Fickeisen plains cactus into a GIS database. This provided us with the ability to examine slope, elevation, geologic type, vegetation community, and topographic features. These data points verified and slightly expanded the previously recorded elevation ranges for the Fickeisen plains cactus.

(2) In addition to the GIS layers listed above, we then included a 1,000-m (3,280-ft) pollination area around known individual Fickeisen plains cacti to encompass native vegetation surrounding individual Fickeisen plains cacti, as described in

Primary Constituent Elements for the Fickeisen Plains Cactus,

above.

(3) We then drew critical habitat boundaries that captured the locations elucidated under (1) and (2) above. Critical habitat designations were then mapped using Albers Equal Area (Albers) North American Datum 83 (NAD 83) coordinates.

Occupied Area at the Time of Listing

Areas where plants are or have been documented within the species' described range were considered to be occupied at the time of listing. The known range of the Fickeisen plains cactus is in Arizona from Mainstreet Valley and Hurricane Valley in Mohave County to House Rock Valley in Coconino County on the Arizona Strip; along the canyon rims of the Colorado

River and Little Colorado River to the area of Gray Mountain; and along the rims of Cataract Canyon on the Coconino Plateau.

Occupied occurrences or clusters of the Fickeisen plains cactus that were located in proximity to one another, but distributed within a large area, were grouped into one unit (

e.g.,

Hurricane Cliffs and House Rock Valley). Areas where individual plants are distributed over a large distance (

e.g.,

Cataract Ranch) were also categorized into one unit. All of the units contained all of the identified elements of physical or biological features and support multiple life-history processes.

The critical habitat designation is defined by the map or maps, as modified by any accompanying regulatory text, presented at the end of this document in the rule portion. We include more detailed information on the boundaries of the critical habitat designation in the preamble of this document. We will make the coordinates or plot points or both on which each map is based available to the public on

http://www.regulations.gov

at Docket No. FWS-R2-ES-2013-0025, on our Internet sites

http://www.fws.gov/southwest/es/arizona/,

and at the field office responsible for the designation (see

FOR FURTHER INFORMATION CONTACT

above).

Critical Habitat Designation for the Fickeisen Plains Cactus

We are designating six units as critical habitat for the Fickeisen plains cactus. The critical habitat areas we describe below constitute our current best assessment of areas that meet the definition of critical habitat for the Fickeisen plains cactus. The six units we are designating as critical habitat are: (1) Hurricane Cliffs; (2) Sunshine Ridge; (3) Clayhole Valley; (4) South Canyon; (5) House Rock Valley; and (6) Gray Mountain. All of the six critical habitat units were occupied by the Fickeisen plains cactus at the time of listing. The approximate area of each critical habitat unit is shown in Table 3.

Table 3—Designated Critical Habitat Units for the Fickeisen Plains Cactus

Critical habitat unit

Federal

Ha

Ac

State

Ha

Ac

Private

Ha

Ac

Total

Ha

Ac

1. Hurricane Cliffs:

1a. Dutchman Draw

1,525

3,769

0

0

2

5

1,527

3,774

1b. Salaratus Draw

445

1,098

266

658

13

33

724

1,789

1c. Temple Trail

443

1,096

0

0

0

0

443

1,096

1d. Toquer Tank

350

865

0

0

0

0

350

865

2. Sunshine Ridge

612

1,512

142

351

0

0

754

1,863

3. Clayhole Valley

338

836

76

188

0

0

414

1,024

4. South Canyon

110

272

0

0

0

0

110

272

5. House Rock Valley:

5a. Beanhole Well

745

1,841

126

312

0

0

871

2,153

5b. North Canyon Wash

472

1,166

0

0

0

0

472

1,166

5c. Marble Canyon

214

528

0

0

0

0

214

528

5d. South Canyon

336

831

0

0

0

0

336

831

6. Gray Mountain:

6a. Mays Wash

246

609

80

198

0

0

326

807

6b. Gray Mountain

0

0

7

17

514

1,271

521

1,288

Total

5,836

14,423

697

1,724

529

1,309

7,062

17,456

Note:

Area sizes may not sum due to rounding.

We present brief descriptions of all units, and reasons why they meet the definition of critical habitat for the Fickeisen plains cactus, below.

Unit 1: Hurricane Cliffs

The Hurricane Cliffs Unit is located on the Arizona Strip in the north-central area of Mohave County, Arizona. The unit lies predominantly on the Shivwits Plateau and is bounded to the west by Mainstreet Valley and to the east by the Hurricane Cliffs. The unit consists of four subunits totaling 3,044 ha (7,524 ac) and includes small areas of private land, lands owned by the State of Arizona, and federally owned land managed by the BLM. The entire unit occurs within the area referred as the Arizona Strip that is managed by the BLM for multiple land use purposes such as livestock grazing, fuels management, energy, and recreation. The BLM manages grazing leases for large allotments comprised of a mix of their lands as well as State lands. Occupancy of the Hurricane Cliffs Unit by the Fickeisen plains cactus has been documented since 1986 (BLM 1986, p. 1). The taxon was considered generally rare, but in abundant numbers at Dutchman Draw with a few scattered individuals located in small clusters adjacent to Dutchman Draw populations. These smaller clusters include the Navajo, Ward, Salaratus Draw I, Salaratus Draw II, Temple Trail, and Toquer Tank populations. This entire unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

Subunit 1a: Dutchman Draw—

Subunit 1a consists of 1,527 ha (3,774 ac) of land near Dutchman Draw in Mainstreet Valley. The subunit occurs within the Shivwits Plateau and along an exposed fault. Lands within this subunit were occupied at the time of listing. A monitoring plot was established at this site in 1986. The BLM has visited the plot regularly since then. Monitoring information has shown fluctuations in plant numbers between years, but among all years, there is an overall decline in plant numbers from a peak of 219 individuals in 1992 to 5 individuals in 2012. This subunit also includes the Navajo and Ward cluster plots that were established to note presence or absence of the cactus. These small plots were last visited in 2001, and 10 plants were found at each of the plots.

This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus. Occupied habitat areas in this subunit occur predominantly within the Plains and Great Basin

grassland with a small portion in the Great Basin desertscrub vegetation communities. Plants occur amongst tall, dense clumps of grama grass with some desert shrubs. The subunit is located at the foot of a gently sloping hill in fine alluvium deposits. Most of the bedrock surface is limestone, siltstone, and gypsum of the Kaibab Formation.

Subunit 1b: Salaratus Draw—

Subunit 1b consists of 724 ha (1,789 ac) of land near Salaratus Draw. The subunit overlies an active fault on the Shivwits Plateau. Lands within this subunit were occupied at the time of listing and include Salaratus Draw I and Salaratus Draw II populations. This site was visited only three times between 1986 and 2001. At most, 44 plants were located in this subunit when last visited in 1994. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus.

Subunit 1c: Temple Trail—

Subunit 1c consists of 443 ha (1,096 ac) of land in Lower Hurricane Valley. This subunit lies on the Hurricane Cliffs. It is bounded by the Shivwits Plateau to the west and the Uinkaret Plateau to the east, separated by an active fault that runs north along the Hurricane Cliffs. Lands within this subunit were occupied at the time of listing. This site was last visited in 2001 when seven individuals were found. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus.

Subunit 1d: Toquer Tank—

Subunit 1d consists of 350 ha (865 ac) of land in Lower Hurricane Valley. Lands within this subunit were occupied at the time of listing. This site was regularly monitored from 1986 to 1991, when abundance counts ranged from 7 to 13 plants. This site was last visited in 1994, and seven individuals were found. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus.

The features essential to the conservation of the species within this unit are threatened by livestock grazing; nonnative, invasive species issues; small mammal predation on the cactus; and long-term drought coupled with increased minimum winter temperatures. Special management considerations or protection may be required to minimize habitat disturbance to Fickeisen plains cactus individuals, soil, and associated native vegetation; and to prevent or remove nonnative, invasive species within its habitat.

Unit 2: Sunshine Ridge

The Sunshine Ridge Unit is located on the Arizona Strip and lies on the Kanab Plateau in Mohave County, Arizona. The unit totals 754 ha (1,863 ac). This unit contains land that is federally and State owned. The entire unit is managed primarily by the BLM for multiple land use purposes such as livestock grazing, fuels management, energy, and recreation. Plants are located east of the Uinkaret Plateau and east of the range of the

Pediocactus sileri

(Siler pincushion cactus). Occupancy of the Sunshine Ridge Unit by the Fickeisen plains cactus has been documented since 1977 (AGFD 2011b, entire). This population has been regularly monitored since 1986, and has 34 plants as of 2011. Land within this unit was occupied at the time of listing and contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus. This unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

The features essential to the conservation of the species within this unit are threatened by livestock grazing; nonnative, invasive species issues; small mammal predation on the cactus; and long-term drought coupled with increased minimum winter temperatures. Special management considerations or protection may be required to minimize habitat disturbance to Fickeisen plains cactus individuals, soil, and associated native vegetation; and to prevent or remove nonnative, invasive species within its habitat.

Unit 3: Clayhole Valley

The Clayhole Valley Unit is located in Upper Clayhole Valley on the Arizona Strip and lies within the Uinkaret Plateau in Mohave County, Arizona. The unit consists of 414 ha (1,024 ac) of land that is federally and State owned. The entire unit is managed primarily by the BLM for multiple land use purposes including livestock grazing. Occupancy of the Clayhole Valley Unit by the Fickeisen plains cactus has been documented since 1980 (AGFD 2011b, entire). The population has been monitored annually since 1986. As of 2011, the population contains 42 plants. Land within this unit was occupied at the time of listing and contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus. This unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

The features essential to the conservation of the species within this unit are threatened by livestock grazing; nonnative, invasive species issues; small mammal predation on the cactus; and long-term drought coupled with increased minimum winter temperatures. Special management considerations or protection may be required to minimize habitat disturbance to Fickeisen plains cactus individuals, soil, and associated native vegetation; and to prevent or remove nonnative, invasive species within its habitat.

Unit 4: South Canyon

The South Canyon is located on the eastern boundary of the North Kaibab Ranger District of the Kaibab National Forest in Coconino County, Arizona. It is bounded by the Colorado River near Marble Canyon at House Rock Valley. It includes land originally designated as the Grand Canyon National Game Preserve that is now referred to as the Buffalo Ranch Management Area. It contains 110 ha (272 ac) of federally owned land that is administered by the Kaibab National Forest. This unit contains at least 62 individual Fickeisen plains cactus scattered among 6 areas along the rim of South Canyon Point. This unit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus. This unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

The primary land uses within this unit include big game hunting and recreational activities throughout the year. The area is very remote and may receive limited numbers of hikers, hunters, or campers. Under a memorandum of understanding, the Kaibab National Forest and the AGFD commit to managing the natural resources of this area, mainly big game species, to ensure that sensitive resources are not impacted and desired conditions are achieved (USFS 2012, p. 92). Livestock grazing by cattle and mining activities are not authorized within the Buffalo Ranch Management Area. Special management considerations or protection may be required within the unit to minimize habitat disturbance to the soil and

associated native vegetation, and prevent invasion of nonnative plants.

The features essential to the conservation of the species within this unit are threatened by nonnative, invasive species issues and long-term drought coupled with increased minimum winter temperatures. Special management considerations or protection may be required to minimize conditions that may promote or encourage encroachment and establishment of nonnative, invasive species; and reduce the likelihood of wildfires affecting the population and nearby plant community.

Unit 5: House Rock Valley

The House Rock Valley is located on the eastern edge of the Arizona Strip near the North Rim of the Grand Canyon National Park in Coconino County, Arizona. The unit consists of four subunits totaling 1,893 ha (4,678 ac) of land. The unit consists of land that is federally and State owned. The entire unit is managed primarily by the BLM, mainly for livestock grazing. Lands within this unit were occupied at the time of listing and contain all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus. This entire unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

Occupancy of the Fickeisen plains cactus in the House Rock Valley Unit was first documented in 1979 (Phillips 1979, entire; AGFD 2011b, entire), at Beanhole Well, Marble Canyon, and South Canyon. These sites have not been visited for more than 21 years. However, we have no reason to believe these sites were not occupied at the time of listing for reasons provided in the “Distribution and Range” section of the final listing rule (78 FR 60608). Occupancy at the North Canyon Wash site was documented in 1986, and it has been regularly monitored since. The House Rock Valley Unit is bounded by the Colorado River to the east, U.S. Highway 89A to the north, and the Kaibab National Forest to the west.

Subunit 5a: Beanhole Well—

Subunit 5a consists of 745 ha (1,841 ac) of federally owned land that is managed by the BLM, and 126 ha (312 ac) of State-owned land. Lands within this subunit were occupied at the time of listing. Three plants were documented at Beanhole Well in 1979, and the site has been visited by Hughes since then, and while occupied habitat was observed, no plant numbers were reported to us (Calico 2012, pers. comm.). This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus.

Subunit 5b: North Canyon Wash—

Subunit 5b consists of 472 ha (1,166 ac) of federally owned land that is managed by the BLM. Lands within this subunit were occupied at the time of listing. This site has been regularly monitored since 1986. As of 2011, the site contains 39 Fickeisen plains cacti. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus.

Subunit 5c: Marble Canyon—

Subunit 5c consists of 214 ha (528 ac) of federally owned land that is managed by the BLM. Lands within this subunit were occupied at the time of listing. Eight plants were documented at Marble Canyon in 1979. This site has not been visited for many years. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus.

Subunit 5d: South Canyon—

Subunit 5d consists of 336 ha (831 ac) of Federal land in House Rock Valley along the rim of Marble Canyon. Lands within this subunit were occupied at the time of listing. A total of 52 plants have been documented at this site historically. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus.

The features essential to the conservation of the species within this unit are threatened by livestock grazing; nonnative, invasive species issues; small mammal predation on the cactus; and long-term drought coupled with increased minimum winter temperatures. Special management considerations or protection may be required to minimize habitat disturbance to Fickeisen plains cactus individuals, soil, and associated native vegetation; and to prevent or remove nonnative, invasive species within its habitat.

Unit 6: Gray Mountain

The Gray Mountain Unit is located in the vicinity of the town of Gray Mountain, Arizona, on Highway 89 in Coconino County. The unit consists of two subunits totaling 847 ha (2,095 ac). The unit includes a checkerboard mix of private land, lands owned by the State, and federally owned land managed by the BLM. Lands within this unit are considered occupied at the time of listing. Occupancy at the Gray Mountain unit was first documented in 1962, and consists of two very small populations on both sides of Highway 89. Occupied sites were visited in 2013, and a few plants in flower were observed. This unit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus. This entire unit helps to maintain the geographical range of the species and provide opportunity for population growth. This unit also provides a core population of the species.

Subunit 6a: Mays Wash—

Subunit 6a is located southeast of Highway 89 and consists of 326 ha (807 ac) of land. The subunit includes private land, land owned by the State, and federally owned land managed by the BLM. The entire subunit lies within a cattle ranch and is managed privately for livestock grazing. Lands in this subunit are considered occupied at the time of listing. Occupancy at this site was documented in 1981 and 1984, when 31 plants were found (AGFD 2011b, entire). A site visit to BLM land in 2013 located a few plants in flower. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus.

Subunit 6b: Gray Mountain—

Subunit 6b is located west of Highway 89 and borders the boundary of the Navajo Nation. This subunit consists of 521 ha (1,288 ac) of land that is owned by the State and privately owned land. The entire subunit lies within a cattle ranch and is managed privately for livestock grazing. Lands in this subunit are considered occupied at the time of listing. Occupancy was documented in 2009 when three individuals were found (NNHP 2011a, p. 2). An individual in bloom was observed in 2013. This subunit contains all of the primary constituent elements of the physical or biological features essential to the conservation of the Fickeisen plains cactus.

The features essential to the conservation of the species within this unit are threatened by livestock grazing by horses and sheep; nonnative, invasive species issues; mineral development and associated infrastructure; and long-term drought coupled with increased minimum winter temperatures. Special management considerations or protection may be required to minimize disturbance or destruction to the bedrock substrate and associated limestone soils; to prevent or remove nonnative, invasive species within its

habitat; and protect the native vegetation communities.

Effects of Critical Habitat Designation for Acuña Cactus and Fickeisen Plains Cactus

Section 7 Consultation

Section 7(a)(2) of the Act requires Federal agencies, including the Service, to ensure that any action they fund, authorize, or carry out is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of designated critical habitat of such species. In addition, section 7(a)(4) of the Act requires Federal agencies to confer with the Service on any agency action which is likely to jeopardize the continued existence of any species proposed to be listed under the Act or result in the destruction or adverse modification of proposed critical habitat.

We published a final regulation with a new definition of destruction or adverse modification on February 11, 2016 (81 FR 7214) which becomes effective on March 14, 2016. Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed species. Such alterations may include, but are not limited to, those that alter the physical or biological features essential to the conservation of a species or that preclude or significantly delay development of such features.

If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency (action agency) must enter into consultation with us. Examples of actions that are subject to the section 7 consultation process are actions on State, tribal, local, or private lands that require a Federal permit (such as a permit from the U.S. Army Corps of Engineers under section 404 of the Clean Water Act (33 U.S.C. 1251

et seq.

) or a permit from the Service under section 10 of the Act) or that involve some other Federal action (such as funding from the Federal Highway Administration, Federal Aviation Administration, or the Federal Emergency Management Agency). Federal actions not affecting listed species or critical habitat, and actions on State, tribal, local, or private lands that are not federally funded or authorized, do not require section 7 consultation.

As a result of section 7 consultation, we document compliance with the requirements of section 7(a)(2) through our issuance of:

(1) A concurrence letter for Federal actions that may affect, but are not likely to adversely affect, listed species or critical habitat; or

(2) A biological opinion for Federal actions that may affect and are likely to adversely affect, listed species or critical habitat.

When we issue a biological opinion concluding that a project is likely to jeopardize the continued existence of a listed species and/or destroy or adversely modify critical habitat, we provide reasonable and prudent alternatives to the project, if any are identifiable, that would avoid the likelihood of jeopardy and/or destruction or adverse modification of critical habitat. We define “reasonable and prudent alternatives” (at 50 CFR 402.02) as alternative actions identified during consultation that:

(1) Can be implemented in a manner consistent with the intended purpose of the action,

(2) Can be implemented consistent with the scope of the Federal agency's legal authority and jurisdiction,

(3) Are economically and technologically feasible, and

(4) Would, in the Director's opinion, avoid the likelihood of jeopardizing the continued existence of the listed species and/or avoid the likelihood of destroying or adversely modifying critical habitat.

Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project. Costs associated with implementing a reasonable and prudent alternative are similarly variable.

Regulations at 50 CFR 402.16 require Federal agencies to reinitiate consultation on previously reviewed actions in instances where we have listed a new species or subsequently designated critical habitat that may be affected and the Federal agency has retained discretionary involvement or control over the action (or the agency's discretionary involvement or control is authorized by law). Consequently, Federal agencies sometimes may need to request reinitiation of consultation with us on actions for which formal consultation has been completed, if those actions with discretionary involvement or control may affect subsequently listed species or designated critical habitat.

Application of the “Adverse Modification” Standard

The key factor related to the adverse modification determination is whether, with implementation of the proposed Federal action, the affected critical habitat would continue to serve its intended conservation role for the species. Activities that may destroy or adversely modify critical habitat are those that result in a direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of the the acuña cactus or the Fickeisen plains cactus. Such alterations may include, but are not limited to, those that alter the physical or biological features essential to the conservation of these species or that preclude or significantly delay development of such features. As discussed above, the role of critical habitat is to support physical or biological features essential to the conservation of a listed species and provide for the conservation of the species

Section 4(b)(8) of the Act requires us to briefly evaluate and describe, in any proposed or final regulation that designates critical habitat, activities involving a Federal action that may destroy or adversely modify such habitat, or that may be affected by such designation.

Activities that may affect critical habitat, when carried out, funded, or authorized by a Federal agency, should result in consultation for the acuña cactus or the Fickeisen plains cactus. These activities include, but are not limited to, actions that would adversely affect the composition and structure of soil within the designated critical habitat for the acuña cactus or Fickeisen plains cactus through land disturbances that result in soil compaction or erosion, removal or degradation of native vegetation, or fragmentation of the acuña cactus or Fickeisen plains cactus populations or their pollinators.

Such activities within the designated critical habitat for the acuña cactus could include, but are not limited to:

(1) Actions within or near designated critical habitat areas that would result in the loss, disturbance, or compaction of soils. Such activities could include, but are not limited to: livestock grazing; U.S.-Mexican border activities; recreational or other ORV use; mining operations; fire management, including clearing of vegetation for fuel management; and road construction.

(2) Activities that would result in changes in the vegetation composition, such as a reduction in nurse plants or an introduction or proliferation of invasive, nonnative plant cover that may lead to unnatural fires or competition for nutrients, water, or space, resulting in decreased density or vigor of individual acuña cactus.

(3) Actions within or near designated critical habitat that would significantly

reduce pollination or seed set (reproduction). Such activities could include, but are not limited to: Use of pesticides; herbicides; mowing; fuels management projects such as prescribed burning; and post-wildfire rehabilitation activities using plant species that may compete with the acuña cactus.

(4) Actions within or near designated critical habitat areas that would result in the significant alteration of intact, native, Sonoran desertscrub vegetation communities within the range of the acuña cactus. Such activities could include: ORV activities and dispersed recreation; U.S.-Mexico border activities; new road construction or widening or existing road maintenance; new energy transmission lines or expansion of existing energy transmission lines; new border infrastructure; maintenance of any existing energy transmission line corridors or border infrastructure; fuels management projects such as prescribed burning; and rehabilitation or restoration activities using plant species that may compete with the acuña cactus.

These activities could result in the replacement or fragmentation of Sonoran desertscrub vegetation communities through the degradation or loss of native shrubs, grasses, and forbs in a manner that promotes increased wildfire frequency and intensity, and an increase in the cover of invasive, nonnative plant species that would compete for soil matrix components and moisture necessary to support the growth and reproduction of the acuña cactus.

For the Fickeisen plains cactus these activities could include, but are not limited to:

(1) Actions within or near designated critical habitat areas that would result in the loss, degradation, or compaction of soils along canyon rims, mesa tops or ridge tops, terraces, or other areas of suitable habitat (

e.g.,

near the base of gently sloping hills). Such activities could include, but are not limited to: Livestock grazing; recreational or other ORV use; fire management, including clearing of vegetation for fuel management; and road construction.

(2) Actions that would result in the loss of limestone substrate or limestone-derived soils. Such activities could include, but are not limited to mineral development; development for infrastructure (roads); or changes in land-use practices such as conversion of native grasslands or desertscrub communities to residential or commercial development.

(3) Activities that would result in changes in soil composition leading to changes in the vegetation composition, such as an introduction or proliferation of invasive, nonnative plant cover that may lead to competition for nutrients, water, or space, resulting in decreased density or vigor of individual Fickeisen plains cactus.

(4) Actions within or near designated critical habitat that would significantly reduce pollination or seed set (reproduction). Such activities could include, but are not limited to: use of pesticides; herbicides; mowing; fuels management projects such as prescribed burning; and post-wildfire rehabilitation activities using plant species that may compete with the Fickeisen plains cactus.

(5) Actions within or near designated critical habitat areas that would result in the significant alteration of intact, native, desertscrub and grassland habitat within the range of the Fickeisen plains cactus. Such activities could include: ORV activities and dispersed recreation; new road construction or widening or existing road maintenance; new energy transmission lines or expansion of existing energy transmission lines; maintenance of any existing energy transmission line corridors; fuels management projects such as prescribed burning; and rehabilitation or restoration activities using plant species that may compete with the Fickeisen plains cactus.

These activities could result in the replacement or fragmentation of desertscrub and grassland habitat through the degradation or loss of native shrubs, grasses, and forbs in a manner that promotes increased wildfire frequency and intensity, and an increase in the cover of invasive, nonnative plant species that would compete for soil matrix components and moisture necessary to support the growth and reproduction of the Fickeisen plains cactus.

Exemptions

Application of Section 4(a)(3) of the Act

The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) required each military installation that includes land and water suitable for the conservation and management of natural resources to complete an Integrated Natural Resources Management Plan (INRMP) by November 17, 2001. An INRMP integrates implementation of the military mission of the installation with stewardship of the natural resources found on the base. Each INRMP includes:

(1) An assessment of the ecological needs on the installation, including the need to provide for the conservation of listed species;

(2) A statement of goals and priorities;

(3) A detailed description of management actions to be implemented to provide for these ecological needs; and

(4) A monitoring and adaptive management plan.

Among other things, each INRMP must, to the extent appropriate and applicable, provide for fish and wildlife management; fish and wildlife habitat enhancement or modification; wetland protection, enhancement, and restoration where necessary to support fish and wildlife; and enforcement of applicable natural resource laws.

The National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136) amended the Act to limit areas eligible for designation as critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i)) now provides: “The Secretary shall not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing that such plan provides a benefit to the species for which critical habitat is proposed for designation.”

We consult with the military on the development and implementation of INRMPs for installations with listed species. We analyzed INRMPs developed by military installations located within the range of the critical habitat designation for the acuña cactus to determine if they meet the criteria for exemption from critical habitat under section 4(a)(3) of the Act. The following areas are Department of Defense lands with completed, Service-approved INRMPs within the proposed revised critical habitat designation.

Approved INRMP for the Acuña Cactus

Barry M. Goldwater Gunnery Range—Arizona

The BMGR has an approved INRMP and is committed to working closely with the Service to continually refine the existing INRMP as part of the Sikes Act's INRMP review process. Based on our review of the INRMP for this military installation, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the portion of the acuña cactus habitat within this installation, identified as meeting the definition of critical habitat, is subject to the INRMP, and that conservation efforts identified in this INRMP will

provide a benefit to the acuña cactus. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3)(B)(i) of the Act. We are not including 378 ha (935 ac) of habitat on BMGR in the critical habitat designation because of this exemption.

The BMGR completed a revision to the INRMP in relation to ongoing and planned conservation efforts for the acuña cactus and provided this revision to us during the public comment period. The benefits for acuña cactus from this revised INRMP include: avoiding disturbance of vegetation and pollinators within 900 m (2,953 ft) of known acuña cactus plants; developing and implementing procedures to control trespass livestock; monitoring illegal immigration, contraband trafficking, and border-related enforcement; and continuing to monitor and control invasive plant species to maintain quality habitat and prevent unnatural fire. Further, BMGR's environmental staff reviews projects and enforces existing regulations and orders that, through their implementation, projects avoid and minimize impacts to natural resources, including acuña cacti and their habitat. In addition, BMGR's INRMP provides protection to acuña cactus habitat by prohibiting both mining and agriculture on their lands. The BMGR INRMP specifies periodic monitoring of the distribution and abundance of acuña cacti populations on the range.

Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that conservation efforts for the acuña cactus identified in the BMGR's INRMP provide a benefit to the acuña cactus and its habitat. Therefore, lands subject to the INRMP for BMGR, which includes the lands leased from the Department of Defense by other parties, are exempt from critical habitat designation under section 4(a)(3) of the Act, and we are not including approximately 378 ha (935 ac) of habitat in this critical habitat designation.

Consideration of Impacts Under section 4(b)(2) of the Act

Section 4(b)(2) of the Act states that the Secretary shall designate and make revisions to critical habitat on the basis of the best available scientific data after taking into consideration the economic impact, national security impact, and any other relevant

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