Endangered and Threatened Wildlife and Plants: Proposed Threatened Status for the Plant Gaura Neomexicana ssp. Coloradensis

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE87

Endangered and Threatened Wildlife and Plants: Proposed

Threatened Status for the Plant Gaura Neomexicana ssp. Coloradensis

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service proposes to list the plant Gaura

neomexicana ssp. coloradensis (Colorado butterfly plant) as a

threatened species pursuant to the Endangered Species Act of 1973, as

amended. Gaura neomexicana ssp. coloradensis is a short-lived,

perennial herb endemic to moist soils in mesic or wet meadows of

floodplain areas in southeastern Wyoming, northcentral Colorado, and

extreme western Nebraska. This early to mid-seral stage species occurs

primarily in habitats created and maintained by streams active within

their floodplains with vegetation that is relatively open and not

overly dense or overgrown. The conversion of areas with native grasses

in riparian areas to agriculture, water diversions, channelization, and

urban development threaten Gaura neomexicana ssp. coloradensis by

changing habitat significantly enough to preclude survival of viable

populations.

DATES: Comments from all interested parties must be received by May 26,

1998. Public hearing requests must be received by May 8, 1998.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, U.S. Fish and Wildlife Service, 4000

Morrie Avenue, Cheyenne, Wyoming 82001. Comments and materials received

will be available for public inspection, by appointment, during normal

business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mike Long, Field Supervisor, Wyoming

Field Office (see ADDRESSES section), (telephone 307/772-2374;

facsimile 307/772-2358).

SUPPLEMENTARY INFORMATION:

Background

Gaura neomexicana ssp. coloradensis was initially described as

Gaura coloradensis by Rydberg (1904) based on material collected near

Fort Collins, Colorado in 1895. Munz (1938) transferred Gaura

coloradensis to Gaura neomexicana and reduced it to variety

coloradensis. This taxon is now recognized as Gaura neomexicana ssp.

coloradensis (Raven and Gregory 1972).

Little is known about the historical distribution of G. n. ssp.

coloradensis. Prior to 1984, no extensive documentation of the plants'

range had been conducted. The plant was known from several historical

(and presumably extirpated) locations in southeastern Wyoming and at

least four historical (and presumably extirpated) locations in northern

Colorado; and from three extant populations in Laramie County, Wyoming,

and Weld County, Colorado. The total known population size was

estimated in the low hundreds (Dorn 1979).

Intensive range-wide surveys from 1984-1986 resulted in the

discovery or relocation of 22 populations in Wyoming, Colorado, and

Nebraska containing approximately 20,000 flowering individuals

(Marriott 1987). Additional surveys since 1992 have resulted in the

discovery of at least two additional populations in Wyoming and

Colorado (Fertig 1994; Floyd 1995b). However, at least two known

populations in Wyoming and Colorado have not been relocated in recent

years and may no longer be extant (Fertig 1994). The plant is currently

known from 22 populations with a total population as low as 26,000

individuals; however, several of the populations may no longer exist.

All known populations are within a small area in southeastern Wyoming,

western Nebraska, and north-central Colorado. Two of the populations

occur on F.E. Warren Air Force Base; the remaining 20 populations occur

on private or State lands.

Gaura neomexicana ssp. coloradensis is a short-lived, monocarpic

(flowering and bearing fruit only once), perennial herb with one or a

few reddish, pubescent stems that are 50-80 centimeters (2-3 feet)

tall. The lower leaves are lance-shaped with smooth or wavy-toothed

margins and average 5-15 cm (2-6 inches) long, while those on the stem

are smaller and reduced in number. Flowers are arranged in a branched,

elongate inflorescence above the leaves.

Only a few flowers are open at any one time and these are located

below the rounded buds and above the mature fruits. Individual flowers

are 5-14 millimeters (.25-.5 inches) long with four reddish sepals and

four white petals that turn pink or red with age. The hard, nutlike

fruits are 4-angled and sessile (stalkless and attached directly at the

base). Nonflowering plants consist of a stemless, basal rosette of

oblong,

[[Page 14061]]

hairless leaves 3-18 cm (1-7 inches) long (Marriott 1987; Fertig 1994;

Fertig et al. 1994).

Gaura neomexicana ssp. coloradensis occurs on subirrigated,

alluvial soils on level or slightly sloping floodplains and drainage

bottoms at elevations of 1,524-1,951 meters (5,000-6,400 feet).

Colonies are often found in low depressions or along bends in wide,

active, meandering stream channels a short distance upslope of the

actual channel. The plant requires early to mid-seral riparian

habitats. It commonly occurs in communities dominated by Agrostis

stolonifera (redtop) and Poa pratensis (Kentucky bluegrass) on wetter

sites and Glycyrrhiza lepidota (wild licorice), Cirsium flodmanii

(Flodman's thistle), Grindelia squarrosa (curlytop gumweed), and

Equisetum laevigatum (smooth scouring rush) on drier sites. These areas

are usually intermediate in moisture between wet, streamside

communities dominated by sedges, rushes, and cattails, and dry, upland

shortgrass prairie. Typical G. n. ssp. coloradensis habitat is

relatively open without dense or overgrown vegetation. Salix exugua

(sandbar willow) and Cirsium arvense (Canada thistle) may become

dominant in areas of G. n. ssp. coloradensis habitat that are not

periodically flooded or otherwise disturbed. Gaura neomexicana ssp.

coloradensis typically occurs on soils derived from conglomerates,

sandstones, and tuffaceous (compacted volcanic ash) mudstones and

siltstones of the Tertiary White River, Arikaree, and Oglalla

Formations (Love and Christiansen 1985). This type of habitat is not

unusual in eastern Colorado and Wyoming.

Gaura neomexicana ssp. coloradensis is an early successional

species (although probably not a pioneer) adapted to utilize stream

channel sites that are periodically disturbed. Historically, flooding

was probably the main cause of disturbances in the plant's habitat,

although wildfire and grazing also may have been important. Although

flowering and fruiting stems may exhibit increased mortality because of

these events, vegetative rosettes appear to be little affected

(Mountain West Environmental Services 1985). The establishment and

survival of seedlings appears to be enhanced at sites where tall and

dense vegetation has been removed by some form of disturbance. In the

absence of occasional disturbance, the plant's habitat can become

choked out by dense growth of willows, grasses, and exotic plants,

preventing new seedlings from becoming established to replace plants

that have died (Floyd 1995a; Fertig 1996).

Previous Federal Action

The January 9, 1975, report of the Secretary of the Smithsonian

Institution (House Document No. 94-51) contained lists of over 3,000

United States vascular plant taxa (including G. n. ssp. coloradensis)

considered candidates for the list of endangered and threatened species

provided for by the Endangered Species Act (Act) of 1973, as amended

(16 U.S.C. 1531 et seq.). On July 1, 1975, the Service published a

Notice of Review in the Federal Register (40 FR 27823) of its

acceptance of the report of the Smithsonian Institution as a petition

within the context of section 4(c)(2) of the Act. On June 16, 1976, the

Service published a proposed rulemaking in the Federal Register (41 FR

24523) which included G. n. ssp. coloradensis; however, a final rule

for this action was not published. The December 15, 1980, Notice of

Review for Plants (45 FR 82479) included G. n. ssp. coloradensis as a

Category 1 candidate species and retained that status in subsequent

notice of review, published in the Federal Register on September 27,

1985 (50 FR 39526), February 21, 1990 (55 FR 6184), and September 30,

1993 (58 FR 51144). This species was mistakenly left out of the notice

of review published November 28, 1983 (48 FR 53640). On February 28,

1996, the Service published a Notice of Review in the Federal Register

(61 FR 7596) that discontinued the use of different categories of

candidate species. Candidate species are those species for which the

Service has sufficient information on file detailing biological

vulnerability and threats that would support issuance of a proposed

rule, but issuance of the proposed rule is precluded by other listing

actions. Gaura neomexicana ssp. coloradensis was included as a

candidate in the February, 1996, notice of review and retained that

status in the subsequent notice of review, published in the Federal

Register on September 19, 1997 (62 FR 49384). Processing of this

proposal is a Tier 3 activity under the current listing priority

guidance (61 FR 64480, December 5, 1996). The listing priority assigned

to the species in the latter two notices of review was a 3. This

proposal is being published ahead of other species with a higher

listing priority that Region 6 has the lead for because G. n. ssp.

coloradensis is part of the settlement agreement in the Fund for

Animals et al. v. Lujan et al. case (D.D.C. Civ. No. 92-800).

Two populations of G. n. ssp. coloradensis occur on F.E. Warren Air

Force Base, Cheyenne, Wyoming. On January 18, 1982, a Memorandum of

Understanding between the Service and the Base was signed to assure

continued survival of the populations occurring on the Base. The

agreement has been updated and signed several times since 1982. In 1990

a Research Natural Area was established to include all the known

naturally occurring populations on the Base. The most recent Memorandum

of Understanding between the Base, The Nature Conservancy, and the

Service was signed on March 3, 1992. The agreement supported

demographic studies of the G. n. ssp. coloradensis populations on the

Base and provided for ongoing protective efforts. However, the

agreement's duration was 5 years and it has not been revised or

renewed. Discussions between the Service and the Base regarding renewal

of the agreement are ongoing.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act and regulations (50 CFR

part 424) promulgated to implement the listing provisions of the Act

set forth the procedures for adding species to the Federal lists. A

species may be determined endangered or threatened due to one or more

of the five factors described in section 4(a)(1). These factors and

their application to G. n. Woot. ssp. coloradensis (Rydb.) Raven and

Gregory (Colorado butterfly plant) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment

of Its Habitat or Range

All but two of the currently known populations of G. n. ssp.

coloradensis occur on private or State lands (mostly private) managed

primarily for agriculture. Haying and mowing, water development, land

conversion for cultivation, competition from exotic plants, and loss of

habitat to urban growth are the main threats to the plant on these

lands (Marriott 1987; Fertig 1994). On some sites, including F.E.

Warren Air Force Base, habitat degradation resulting from plant

succession and competition is the main threat to the long-term survival

of populations. High recreational use by campers, motorists, and

fishermen is a threat to populations on State park lands in Nebraska.

Conversion of moist, native grasslands to commercial croplands has

been widespread throughout southeastern Wyoming and northeastern

Colorado (Compton and Hugie 1993). Since many of the agricultural lands

are irrigated

[[Page 14062]]

hay fields, mowing of G. n. ssp. coloradensis habitat for hay

production has been suggested as a potential threat (Jennings et al.

1997). This threat can be significant if cutting occurs before the

plant's fruits have ripened.

Construction of stock ponds and reservoirs has inundated and made

unsuitable some G. n. ssp. coloradensis habitat. The development of

irrigation canals to move water to croplands may remove moisture from

occupied or potentially suitable habitat, leaving it in a drier,

unsuitable condition. Additionally, the management of water resources

for domestic and commercial uses, coupled with encroaching agricultural

land use, has had a tendency to channelize and isolate water resources

and fragment, realign, and reduce riparian and moist lowland habitat

(Compton and Hugie 1993) that could otherwise serve as potential G. n.

ssp. coloradensis habitat.

Residential and urban development around the cities of Cheyenne and

Fort Collins has converted areas of formerly suitable G. n. ssp.

coloradensis habitat. The high rate of development occurring from

Colorado Springs, Colorado, to Cheyenne, Wyoming, has been cited as a

continuing threat to remaining populations of the Preble's meadow

jumping mouse (Zapus hudsonius preblei), a proposed endangered species

that also occurs in riparian habitats and whose historic range overlaps

much of that of G. n. ssp. coloradensis (62 FR 14093, March 25, 1997).

In nonagricultural, undeveloped areas, a significant threat to G.

n. ssp. coloradensis populations is from habitat changes resulting from

natural succession of the plant community. Without periodic disturbance

events, the semi-open habitats preferred by this species can become

choked by tall and dense growth of willows, graminoids (grasses), and

exotic weeds (Fertig 1994). Natural disturbances, such as flooding,

fire, and ungulate grazing, have been sufficient in the past to create

favorable habitat conditions for the plant. The natural flooding regime

within the species floodplain habitat has been altered by construction

of flood control structures and by irrigation and channelization

practices. In the absence of such natural disturbances today, managed

disturbance may be necessary to maintain and create areas of habitat

(Fertig 1994; 1996). However, many Federal programs, such as those

administered by the Natural Resources Conservation Service, focus on

enhancing/protecting riparian areas by removing the types of

disturbance the plant needs and pushing the habitat into later

successional stages.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Gaura neomexicana ssp. coloradensis is vulnerable to overcollecting

conducted for scientific or educational purposes. However, no known

commercial or recreational threats exist at this time.

C. Disease or Predation

There are no known diseases affecting G. n. ssp. coloradensis

populations, although the species is occasionally affected by insect

galls. Gaura neomexicana ssp. coloradensis is highly palatable to a

variety of insect and mammalian herbivores (cattle, horses, antelope

(Antilocapra americana), etc.), but appears to compensate for herbivory

by increasing branch and fruit production. Livestock grazing can be a

threat at some sites, especially when animals are not rotated or use is

concentrated during the summer flowering period. Additionally, plants

are occasionally uprooted or trampled by livestock and wildlife grazing

in the vicinity. In at least one location where a population of G. n.

ssp. coloradensis is divided by a fence, the heavily grazed side of the

fence had no plants (James L. Miller, U.S. Fish and Wildlife Service,

in litt. 1987). Observations have shown that the plant can persist and

thrive in habitats that are winter grazed or managed on a short-term

rotation cycle (Jennings et al. 1997). Although the butterfly plant

itself may be grazed (it appears quite palatable to a wide range of

herbivores), the reduction of competing vegetative cover allows

seedlings to become more readily established.

D. The Inadequacy of Existing Regulatory Mechanisms

No Federal or State laws or regulations directly protect G. n. ssp.

coloradensis or its habitat. Gaura neomexicana ssp. coloradensis is

listed as Sensitive by the U.S. Forest Service, although no populations

are currently known from Forest Service lands (D. Hazlett, Plants and

People Consulting, pers. comm, 1994).

E. Other Natural or Manmade Factors Affecting Its Continued Existence

The most serious threat on agricultural lands is indiscriminate use

of broadleaf herbicides for the control of Canada thistle, leafy spurge

(Euphorbia esula), and other exotic plants (Marriott 1987). The noxious

weed problem in Laramie county, Wyoming, is particularly evident on

F.E. Warren Air Force Base. Although competition from these species may

have serious negative implications for populations of G. n. ssp.

coloradensis, observations have indicated that the plant is highly

susceptible to commonly used herbicides when they are applied

indiscriminately. In 1983 nearly one-half of the mapped populations on

F.E. Warren Air Force Base were inadvertently destroyed when sprayed

with Tordon, a persistent herbicide. Additionally, herbicide use along

road crossings in and adjacent to G. n. ssp. coloradensis populations

has also been noted (James L. Miller, U.S. Fish and Wildlife Service,

in litt. 1987). Biological control agents have been used at F.E. Warren

Air Force Base, but have not been effective in controlling Canada

thistle or leafy spurge.

In order for a population to sustain itself, there must be enough

reproducing individuals and appropriate habitats to ensure its

survival. It is not known if the scattered populations of G. n. ssp.

coloradensis contain sufficient individuals and diversity to ensure

their continued existence over the long term.

The most recent survey information for the known populations of G.

n. ssp. coloradensis shows that only four large populations (with at

least 3,000 or more individuals) currently exist. Only one of these

occur on Federal lands. Eight populations (one of them occurring on

Federal lands) are moderately sized, containing between 500 and 1,200

individuals. The remaining 10 populations are smaller, with six of

these having less than 100 individuals. The danger to these small

populations is from a reduction in vigor and fecundity (often evidenced

by reduced seed set) as random genetic changes occur and genetic

variability is lost as a result of inbreeding which is inevitable in

small populations (Ehrlich 1981; Ledig 1986). Because of the small,

isolated nature of the populations and the few individuals present in

most of them, G. n. ssp. coloradensis also is more susceptible to

random events, such as fires, insect, or disease outbreaks or other

random events that can more easily cause the extirpation of a small

population.

Although the plant evolved with and even depended upon the

disturbance associated with these events, natural events, such as

floods and fire, may now pose a threat to G. n. ssp. coloradensis.

Individual plants may not survive such events, and because of low

numbers and the now highly restricted range of the species, such events

do pose a threat. A flood in 1983 along Crow Creek destroyed several

populations and experimental seed plots established in

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1981 (U.S. Fish and Wildlife Service, in litt. 1984.)

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats to G. n. ssp. coloradensis in determining to issue this

proposed rule. Based on this evaluation, the preferred action is to

list G. n. ssp. coloradensis as threatened. While not in immediate

danger of extinction, G. n. ssp. coloradensis is likely to become an

endangered species in the foreseeable future if the present threats and

declines continue. Federal listing under authority of the Act is the

only mechanism the Service can presently identify that ensures

protection to G. n. ssp. coloradensis throughout its limited range.

Although destruction or modification of its habitat is a significant

threat to G. n. ssp. coloradensis, the Service has found critical

habitat is not prudent (see CRITICAL HABITAT section).

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) The

specific areas within the geographical area occupied by a species, at

the time it is listed in accordance with the Act, on which are found

those physical or biological features (I) essential to the conservation

of the species and (II) that may require special management

considerations or protection and; (ii) specific areas outside the

geographical area occupied by a species at the time it is listed, upon

a determination that such areas are essential for the conservation of

the species. ``Conservation'' means the use of all methods and

procedures needed to bring the species to the point at which listing

under the Act is no longer necessary.

Section 4(a)(3) of the Act, as amended, 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 endangered or threatened. Service

regulations (50 CFR 424.12(a)(1)) state that designation of critical

habitat is not prudent when one or both of the following situations

exist--(1) The species is threatened by taking or other human activity,

and identification of critical habitat can be expected to increase the

degree of threat to the species, or (2) such designation of critical

habitat would not be beneficial to the species. The Service finds that

designation of critical habitat is not prudent for G. n. ssp.

coloradensis.

Designation of critical habitat would not benefit G. n. ssp.

coloradensis because all but two of the known populations occur on non-

Federal lands where Federal involvement in land-use activities does not

generally occur. Federal activities would be subject to review under

section 7(a)(2) of the Act, whether or not critical habitat was

designated. Section 7(a)(2) requires Federal agencies to ensure that

activities they authorize, fund, or carry out are not likely to

jeopardize the continued existence of a listed species or to destroy or

adversely modify its critical habitat. Prohibitions of adverse

modification to critical habitat would only be realized if a Federal

nexus existed, situations anticipated to be rare in the range of G. n.

ssp. coloradensis. Any Federal action which would destroy or adversely

modify the habitat of the few remaining populations of the species

would also likely jeopardize its continued existence. Therefore,

habitat protection from Federal actions can be accomplished through the

section 7 jeopardy standard.

Additionally, the publication of critical habitat descriptions and

maps required in a proposal for critical habitat could increase the

degree of threat from possible take or vandalism and, therefore,

contribute to the species' decline. Populations exist in small areas

and are vulnerable to stochastic extinction. The listing of this plant

as threatened publicizes the rarity of the taxa and can make it

attractive to researchers, curiosity seekers, or collectors of rare

plants. The Service determines that any potential benefits beyond those

afforded by listing, when weighted against the negative impacts of

disclosing site-specific population locations, does not yield an

overall benefit and is, therefore, not prudent. The overall habitat

protection and conservation of this species would be best implemented

by the recovery process and section 7 provisions of the Act (see

AVAILABLE CONSERVATION MEASURES section).

Available Conservation Measures

The Nebraska State Arboretum is currently maintaining a seed bank

of G. n. ssp. coloradensis collected from sites along Lodgepole Creek

in Nebraska (J. Locklear, Nebraska State Arboretum, pers. comm.).

Additional seed has been collected by the Natural Resources

Conservation Service for deposit at the Bridger Plant Materials Center

in Montana.

Habitat along Crow and Diamond Creeks on F.E. Warren Air Force Base

has been designated as the Colorado Butterfly Plant Research Natural

Area dedicated to the protection of the largest known population of G.

n. ssp. coloradensis, and a management plan has been developed

(Marriott and Jones 1988). Two large populations of G. n. ssp.

coloradensis occur within the Colorado Butterfly Plant Research Natural

Area. Under various memoranda of understanding and cooperative

agreements with the Service and The Nature Conservancy, the Air Force

has been conducting conservation activities to this species since 1982.

However, the most recent Memorandum of Understanding with the Base

expired in March 1997. Additionally, all agreements with the Base

regarding the plant can be unilaterally terminated by the Air Force at

any time for reasons of national defense. The Base is currently

developing a weed-control program to improve and maintain G. n. ssp.

coloradensis habitat in cooperation with scientists from The Nature

Conservancy and the University of Wyoming.

In 1983 a population of G. n. ssp. coloradensis was introduced on

the Chambers Preserve near Boulder, Colorado. Although several private

landowners with natural populations of the plant have expressed

interest in pursuing conservation projects, none are currently in

place.

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

practices. Recognition through listing results in public awareness and

conservation actions by Federal, State, and local agencies, private

organizations, and individuals. The Act provides for possible land

acquisition and cooperation with the States and requires that recovery

actions be carried out for all listed species. The protection required

of Federal agencies and the prohibitions against certain activities

involving listed plants are discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation of the Act are codified at 50 CFR part 402.

Section 7(a)(4) requires Federal agencies to confer with the Service on

any action that is likely to jeopardize the continued existence of a

species proposed for listing or result in destruction or adverse

modification of proposed critical habitat. If a species is listed

subsequently, section 7(a)(2) requires Federal agencies to ensure that

activities they authorize, fund, or carry out are not likely to

jeopardize the continued

[[Page 14064]]

existence of the species or destroy or adversely modify its critical

habitat. If a Federal action may affect a listed species or its

critical habitat, the responsible Federal agency must enter into formal

consultation with the Service.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all threatened

plants. All prohibitions of section 9(a)(2) of the Act, implemented by

50 CFR 17.71, apply. These prohibitions, in part, make it illegal for

any person subject to the jurisdiction of the United States to import

or export, transport in interstate or foreign commerce in the course of

a commercial activity, sell or offer for sale in interstate or foreign

commerce, or remove and reduce the species to possession from areas

under Federal jurisdiction. In addition, for plants listed as

endangered, the Act prohibits the malicious damage or destruction on

areas under Federal jurisdiction and the removal, cutting, digging up,

or damaging or destroying of such plants in knowing violation of any

State law or regulation, including State criminal trespass law. Section

4(d) of the Act allows for the provision of such protection to

threatened species through regulation. This protection may apply to

this species in the future if regulations are promulgated. Seeds from

cultivated specimens of threatened plants are exempt from these

prohibitions provided that their containers are marked ``Of Cultivated

Origin.'' Certain exceptions to the prohibitions apply to agents of the

Service and State conservation agencies.

The Act and 50 CFR 17.72 also provide for the issuance of permits

to carry out otherwise prohibited activities involving threatened

plants under certain circumstances. Such permits are available for

scientific purposes and to enhance the propagation or survival of the

species. For threatened plants, permits also are available for

botanical or horticultural exhibition, educational purposes, or species

purposes consistent with the purposes of the Act. It is anticipated

that few trade permits would ever be sought or issued because the

species is not in cultivation or common in the wild. Requests for

copies of the regulations regarding listed species and inquiries about

prohibitions and permits may be addressed to U.S. Fish and Wildlife

Service, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225

(telephone 303/236-7400, Facsimile 303/236-0027). Information

collections associated with these permits are approved under the

Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned Office of

Management and Budget clearance number 1018-0094. For additional

information concerning these permits and associated requirements, see

50 CFR 17.22.

The Service adopted a policy on July 1, 1994 (59 FR 34272), to

identify to the maximum extent practicable at the time a species is

proposed for listing those activities that would or would not

constitute a violation of section 9 of the Act. The intent of this

policy is to increase public awareness of the effect of the listing on

proposed and ongoing activities within a species' range. The Service

believes that, based upon the best available information, the following

actions will not result in a violation of section 9, provided these

activities are carried out in accordance with existing regulations and

permit requirements:

(1) Activities authorized, funded, or carried out by Federal

agencies (e.g., grazing management, agricultural conversions, land

use activities that would significantly modify the species' habitat,

wetland and riparian habitat modification, flood and erosion

control, housing development, recreational trail development, road

and dam construction, pesticide/herbicide application, pipelines or

utility line crossing suitable habitat and military maneuvers and

training) when such activity is conducted in accordance with any

reasonable and prudent measures given by the Service according to

section 7 of the Act; or when such activity does not alter the

hydrology or habitat supporting the plant.

(2) Casual, dispersed human activities on foot or horseback

(e.g., waterfowl hunting, bird watching, sightseeing, photography,

camping and hiking).

(3) Activities on private lands (without Federal funding or

involvement), such as grazing management, agricultural conversions,

wetland and riparian habitat modification (not including filling of

wetlands), flood and erosion control, housing development, road and

dam construction, pesticide/herbicide application, pipelines or

utility line crossing suitable habitat.

The Service believes that the actions listed below might

potentially result in a violation of section 9; however, possible

violations are not limited to these actions alone:

(1) Unauthorized collecting of the species on Federal lands;

(2) Application of herbicides violating label restrictions;

(3) Interstate or foreign commerce and import/export without

previously obtaining an appropriate permit. Permits to conduct

activities are available for purposes of scientific research and

enhancement of propagation or survival of the species.

Questions regarding whether specific activities, such as changes in

land use, will constitute a violation of section 9 should be directed

to the Wyoming Field Supervisor (see ADDRESSES section).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to this species;

(2) The location of any additional populations of this species and

the reasons why any habitat should or should not be determined to be

critical habitat pursuant to section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size or trend of this species;

(4) Current or planned activities in the subject area and their

possible impacts on this species;

(5) Biological or physical elements that best describe G. n. ssp.

coloradensis habitat that could be essential for the conservation of

the species;

(6) Information regarding genetic differences and similarities

within and between populations of G. n. ssp. coloradensis;

(7) Possible alternative noxious weed control, grazing, farming,

and water management practices that will reduce or eliminate impacts to

G. n. ssp. coloradensis; and,

(8) Other management strategies that will conserve the species

throughout its range.

Final promulgation of the regulation(s) on this species will take

into consideration the comments and any additional information received

by the Service, and such communications may lead to a final regulation

that differs from this proposal.

The Endangered Species Act provides for one or more public hearings

on this proposal, if requested. Requests must be received within 45

days of the date of publication of the proposal in the Federal

Register. Such requests must be made in writing and be addressed to the

Wyoming Field Supervisor, see ADDRESSES section.

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

[[Page 14065]]

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

Required Determinations

This rule does not contain collections of information that require

approval by the OMB under 44 U.S.C. 3501 et seq.

References Cited

A complete list of all references cited herein, as well as others,

is available upon request from the Wyoming Field Office (see ADDRESSES

section).

Author: The primary author of this document is Mary Jennings of the

Wyoming Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

subchapter B of chapter I, title 50 of the Code of Federal Regulations,

as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Amend Sec. 17.12(h) by adding the following, in alphabetical

order under FLOWERING PLANTS, to the List of Endangered and Threatened

Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species

-------------------------------------------------------- Historic range Family Status When listed Critical Special

Scientific name Common name habitat rules

--------------------------------------------------------------------------------------------------------------------------------------------------------

Flowering Plants

* * * * * * *

Gaura neomexicana ssp. Colorado butterfly USA (CO,NE,WY)..... Onagraceae......... T ........... NA NA

coloradensis. plant.

* * * * * * *

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Dated: March 6, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-7479 Filed 3-23-98; 8:45 am]

BILLING CODE 4310-55-U