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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE89

Endangered and Threatened Wildlife and Plants; Withdrawal of

Proposed Rule To List the Plant Rumex orthoneurus (Chiricahua Dock) as

Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; withdrawal.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), withdraw the

proposed rule to list the plant Rumex orthoneurus (Chiricahua dock or

Blumer's dock) as a threatened species under the Endangered Species Act

of

[[Page 43133]]

1973, as amended (Act). We find that the available information does not

support the listing of this species as threatened. Although threats to

some populations of this plant may persist, these threats are not

sufficiently widespread to pose a significant risk to R. orthoneurus

within the foreseeable future. Recent genetic research and survey

efforts indicate that R. orthoneurus has a much larger distribution

than previously thought. We, therefore, find that R. orthoneurus does

not meet the definition of a threatened or endangered species.

ADDRESSES: The complete file for this rule is available for public

inspection, by appointment, during normal business hours at the Arizona

Ecological Services Field Office, U.S. Fish and Wildlife Service, 2321

W. Royal Palm Rd., Suite 103, Phoenix, Arizona 85021.

FOR FURTHER INFORMATION CONTACT: Dave Harlow, Field Supervisor, Arizona

Ecological Services Field Office (see ADDRESSES section) (telephone

602-640-2720, ext. 244; facsimile 602-640-2730).

SUPPLEMENTARY INFORMATION:

Background

On April 1, 1998, we published in the Federal Register a proposed

rule to list Chiricahua dock Rumex orthoneurus as threatened (63 FR

15813). An herbaceous, robust perennial within the Polygonaceae family,

R. orthoneurus is known from the mountains of Arizona, New Mexico, and

Mexico. Plants grow to 1 meter (m) (3.3 feet (ft)) in height with

inflorescence stalks up to 2 m (6.6 ft) in height on more vigorous

specimens. The large oblong to oblong-lanceolate basal leaves are up to

50 centimeters (cm) (19.7 inches (in)) long, and 18 cm (7.1 in) wide.

Characteristics differentiating this plant from other members in its

genus include woody rhizomes (a rootlike horizontal stem, as opposed to

taproots) on mature plants which appear banded, the color of which can

vary (Robert Bellsey, University of Arizona, pers. comm. 1999); lateral

leaf veins almost perpendicular to the middle vein of the leaf (but

that are often at less than right angles); and a lack of callosities or

swellings on the valves or midribs of fruiting capsules (Dawson 1979,

Phillips et al. 1980, Coronado National Forest 1993).

Rumex orthoneurus occurs in moist, loamy soils within riparian and

wetland habitats, and in cienegas (desert wetlands), springs, and

streams. It is also known to occur in the drier headwaters of some

areas (Robert Bellsey, University of Arizona, pers. comm. 1999). R.

orthoneurus is found at elevations primarily between 2,000 and 3,500 m

(approximately 6.500-11,500 ft). While many sites are in open meadows

or along streams with open canopies, R. orthoneurus frequently occurs

in shaded forests. Surrounding habitats are generally mixed conifer

forest. The dominant species associated with R. orthoneurus include

sneeze weed (Helenium hoopesii), larkspur (Delphinium andesicola),

monkeyflower (Mimulus spp.) and various sedges (Carex spp.) (Phillips

et al. 1980).

Rumex orthoneurus is distributed in areas scattered throughout

Arizona and New Mexico, and is known to occur at two locations in the

State of Sonora, Mexico. In Arizona, the plant is present on the

Coronado, Apache-Sitgreaves, Coconino, and Tonto National Forests. On

the Coronado National Forest, R. orthoneurus occurs in the Chiricahua

and Huachuca mountains in Cochise County, and the Pinaleno Mountains in

Graham County. On the Apache-Sitgreaves National Forests, R.

orthoneurus is located in the White Mountains in Apache County and

along the north side of the Mogollon Rim in Coconino County. On the

Coconino National Forest, R. orthoneurus was recently found in the San

Francisco Peaks and Barbershop Canyon in Coconino County. On the Tonto

National Forest, R. orthoneurus occurs in the Sierra Ancha Mountains in

Gila County, and was introduced in the south drainage of the Mogollon

Rim (also in Gila County).

In New Mexico, Rumex orthoneurus is distributed on the Santa Fe,

Lincoln, Gila, and Carson National Forests. On the Santa Fe National

Forest, R. orthoneurus was recorded in Mora County, including the Pecos

Wilderness. R. orthoneurus was found in Catron and Grant counties on

the Gila National Forest, including the Gila Wilderness Area. Plants

are documented in numerous locations on the Carson National Forest, and

specimens were recently collected from the Lincoln National Forest.

Recent genetic work has clarified the distinction between Rumex

orthoneurus and the closely related species, R. occidentalis. Bellsey

(1998, in prep.) compared DNA among R. orthoneurus, R. occidentalis,

and R. obtusifolius (a species known to be distantly related to R.

orthoneurus) using the Random Amplified Polymorphic DNA (RAPD)

technique. Bellsey discovered that the presumed R. orthoneurus from

Arizona were significantly different from R. occidentalis, and that all

three species shared less than 15% of the RAPD markers. The genetic

analyses resulted in classification of the White and Gila mountains

populations as R. orthoneurus and not R. occidentalis, which they

resemble morphologically. Morphological characteristics of specimens

from the Carson and Lincoln National Forests now indicate that they are

R. orthoneurus and not R. occidentalis, (Robert Bellsey, University of

Arizona, pers. comm. 1999). However, genetic analysis has yet to be

performed on these plants.

Summary of Comments and Recommendations

In the proposed rule we requested all interested parties to submit

factual reports or information that might contribute to development of

a final rule. We also contacted all appropriate Federal agencies, State

agencies, county and city governments, scientific organizations, and

other interested parties and requested comments.

In accordance with our peer review policy published in the Federal

Register on July 1, 1994 (59 FR 34270), we solicited expert opinions of

three appropriate and independent specialists regarding the proposed

rule. We invited these peer reviewers to comment during the public

comment period upon the specific assumptions and conclusions regarding

the proposed listing. In response to our solicitation one reviewer

provided comments that we considered in the preparation of this notice.

We published newspaper notices inviting public comment in the

Silver City Daily Press (Silver City, NM) on April 7, 1998; the Arizona

Republic (Phoenix, AZ), Tucson Citizen (Tucson, AZ), and Arizona Daily

Star (Tucson, AZ) on April 9, 1998; and the White Mountain Independent

(Pinetop, AZ), Sierra Vista Herald (Sierra Vista, AZ), Albuquerque

Journal (Albuquerque, NM), Albuquerque Tribune (Albuquerque, NM), and

Santa Fe New Mexican (Sante Fe, NM), on April 10, 1998. The comment

period closed on July 30, 1998.

To provide for a requested public hearing, encourage participation

from the public in the species listing process, and to await the

submission of current species status information, we reopened and

extended the comment period from July 30, 1998 until October 1, 1998

(63 FR 40389; July 29, 1998). We also held informational meetings with

interested parties about the proposed rule in Silver City, NM on August

18, 1998.

We received 37 comments (e.g., letters, phone calls, facsimiles,

and oral testimony) from individuals or agency or group representatives

concerning the proposed rule to list Rumex

[[Page 43134]]

orthoneurus. Seven people provided comments supporting the proposed

listing of the species, 13 people opposed the proposed listing, and 17

people provided informational comments. Several commenters provided

additional information that we incorporated into this withdrawal, along

with other clarifications. We organized all opposing and technical

comments into five specific issues, and these along with our response

are summarized below.

Issue 1--Known Distribution of Rumex orthoneurus

Comment: Several commenters stated that listing is not warranted

because the plant has a much wider distribution than previously

thought.

Service Response: Our knowledge of Rumex orthoneurus distribution

has increased considerably since the proposed rule. At the time of the

proposed rule, although R. orthoneurus was thought to occur in New

Mexico and east-central Arizona, data from only 10 sites in

southeastern Arizona were available to evaluate the status of the

plant. We have since become aware of approximately 134 additional R.

orthoneurus locations (non-introduced), many of which contain high

numbers of plants with low levels of threats. See Factor A of ``Summary

of Factors Affecting the Species'' section for additional information.

Comment: Several commenters stated that Rumex orthoneurus inhabits

areas inaccessible to cattle, and thus is not exposed to threats from

grazing.

Service Response: Although it is true that Rumex orthoneurus is

located in some areas that are inaccessible to cattle, the plant is

also located in many areas where cattle roam freely. In those areas,

cattle grazing is documented to have substantial detrimental effects on

smaller populations of the plant. Despite this, the range of R.

orthoneurus is much larger than previously thought, and many

populations have low levels of threats.

Comment: One commenter suggested that listing is warranted because

the previous known range at the time of the proposed rule constitutes a

significant portion of the species' range.

Service Response: At the time of the proposed rule, site-specific

information was available for 10 Rumex orthoneurus locations. Although

we were aware that the species occurred in other areas, data were not

available for those sites. We have current information from

approximately 134 additional sites containing natural populations of R.

orthoneurus. The size of populations within these sites ranges from

just a few individuals to tens of thousands.

Site-specific information is available for four National Forests in

Arizona and three National Forests in New Mexico (excluding the Lincoln

National Forest). The plant is also known to occur in Mexico. Impacts

to the plant in southeast Arizona (the previously known sites)

continue, and these populations are important to the genetic variation

of the species. However, conservation strategies for most southeast

Arizona populations are already established and in place (See Factors A

and D of the ``Summary of Factors Affecting the Species'' section) and

threats within the balance of its range are not severe enough to

threaten the continued existence of the species. Changes in our

assessment of the level of threats to the plant are the result of new

information indicating a larger known distribution of the plant, higher

densities of populations, and diminished levels of overall threats

stemming from the discovery of new populations.

Issue 2--Adaptability and Resiliency of Rumex orthoneurus

Comment: Several commenters stated that physiological adaptations

such as asexual reproduction and dormancy during drought allow the

plant to survive disturbance and stochastic (randomly occurring

natural) events. Other commenters suggested that perceived declines in

plant abundance may not be real because plants that are not visible one

year may sometimes reappear in subsequent years.

Service Response: We recognize that Rumex orthoneurus may be

tolerant of certain disturbance events because of its physiological

adaptations. We are also aware that the plant has regenerated in areas

where it appeared to have been destroyed. However, threats such as

grazing, wildfire, water diversion, and recreation are known to cause

irreparable damage to R. orthoneurus and the riparian areas it

inhabits. These threats can cause stream-bank erosion, head-cutting

(streambed erosion that migrates upstream resulting in channel

destabilization and accelerated streambank erosion), and soil

compaction, all from which the plant has difficulty recovering despite

its physiological characteristics.

Water is a primary vector of seed dispersal for Rumex orthoneurus.

Thus, if the plant is extirpated from upstream reaches, there is a

lower probability that it can re-colonize those areas. Furthermore,

unabated grazing can reduce plants to 1-2 cm (less than 1 in.) in

height, when they are otherwise able to grow up to 1 m (3.3 ft) tall.

This prevents the plant from producing flowering stalks, which are

necessary for sexual reproduction and the mixing of genetic material

from unique individuals. The reduction of plant size also hampers the

plant's ability to generate vital nutrients from photosynthesis, as the

surface area of the plant is diminished by approximately two orders of

magnitude. If the plant is forced to remain in this retarded growth

form continuously, it may be destroyed. However, these threats,

although they are in certain locations significant, are not manifested

to a significant degree throughout the range of R. orthoneurus.

Consequently, we find that listing is not warranted at this time (see

Factor A of the ``Summary of Factors Affecting the Species'' section).

Issue 3--Fire as a Threat

Comments: Numerous commenters stated that fire is not a threat to

the plant, because fire can thin vegetation and allow Rumex orthoneurus

to colonize and grow in riparian areas where other woody plant species

are encroaching.

Service Response: Wildfires are detrimental to R. orthoneurus,

especially when they result in increased stream sedimentation and the

scouring of drainages. The resultant soil loss can translate into long

term, if not permanent, loss of habitat for R. orthoneurus. In the

Tonto National Forest, wildfire has caused the extirpation of two

introduced populations, and the potential for wildfire on National

Forest lands remains a threat to R. orthoneurus. Despite this, wildfire

is largely an isolated event, and for the vast majority of known R.

orthoneurus populations, there is no indication of it being a

significant threat.

Issue 4--Genetic Diversity of Populations

Comment: One commenter indicated that because Rumex orthoneurus

populations from each mountain range are unique genetically, that

maintaining these populations and their genetic diversity is important

to the overall health of the species.

Service Response: Because R. orthoneurus can reproduce asexually, a

population with many plants may actually be just a few individuals that

developed from rhizomes. Asexual reproduction in R. orthoneurus may

limit the level of diverse genetic information in some populations.

Thus, preserving populations from each mountain range is important in

[[Page 43135]]

maximizing the genetic variation available to the overall gene pool of

the species.

Summary of Factors Affecting the Species

We must consider five factors described in section 4(a)(1) of the

Act when determining whether to list a species. These factors, and

their application to our decision to withdraw the proposal to list

Chiricahua dock (Rumex orthoneurus Rech F.), are as follows:

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

of Its Habitat or Range.

The proposed rule (63 FR 15813) identified livestock grazing,

recreation, water development and diversion, road construction and

maintenance, logging, mining and associated activities, and wildfire as

causing the loss and degradation of riparian and cienega habitat for

Rumex orthoneurus. In the proposed rule, we identified some populations

as extirpated because of these activities. It was believed that the

extirpation of some natural populations in the Chiricahua and Huachuca

mountains were possibly caused by water development and diversion,

grazing, and mining activities. Frequent road maintenance in the

Pinaleno Mountains was found to regularly impact one population. The

Tonto National Forest (1993) noted evidence of soil compaction and

unstable banks at the Workman Creek sites in the Sierra Ancha Mountains

caused by recreational activities. In the Coronado National Forest

(1993) Conservation Strategy for the Chiricahua Dock, the Forest

Service addressed the possible extirpation of the type locality (the

location where the plant was originally described) as a result of water

diversions. Hodges attributed impacts to R. orthoneurus at Hospital

Flat (Pinaleno Mountains) to trampling by recreationists and damming of

the creek (David Hodges, Southwest Center for Biological Diversity,

pers. comm. 1995).

At the time of the proposed rule, grazing was thought to impact

Rumex orthoneurus at the system, population, and individual plant

levels, as grazed populations often do not produce seeds. Also at the

time of the proposed rule, it was thought that continued grazing could

eventually preclude the plant's continued existence due to a lack of

seed production, compacted soils discouraging seedling establishment,

severe trampling of plants and underground rhizomes, and

destabilization of streambanks resulting in habitat loss. At the time

we prepared the proposed rule, the population at Ramsey Canyon in the

Huachuca Mountains was thought to be extirpated by grazing, which took

place in the early 1900s (Van Devender 1980). The species is now known

to occur in three different areas in upper Ramsey Canyon. The available

information at the time of the proposed rule, indicated that virtually

all reported occurrences of R. orthoneurus on the Apache-Sitgreaves

National Forests were adversely affected by grazing activities.

However, many newly discovered occurrences of R. orthoneurus on the

Apache-Sitgreaves National Forests are not being adversely affected by

livestock grazing, and because we have found many plant locations to be

free of grazing, we cannot conclude that impacts to R. orthoneurus are

occurring range-wide by this threat.

The proposed rule also cited Phillips et al. (1980), who reported a

proposed uranium mining and milling operation as a threat to the

Workman Creek population of Rumex orthoneurus in the Sierra Ancha

Mountains. Plans called for the construction of a campsite, and the

development of the bowl area of Carr Mountain (the watershed for the

site) into a uranium mill. Although the Workman Creek drainage remains

available for mineral entry, and mining continues to be a potential

threat in that area, logging and mining operations are not widely

documented as having adverse effects on R. orthoneurus populations.

Finally the proposed rule identified that wildfire in the Tonto

National Forest caused the extirpation of two introduced populations,

and the decline of a third. Although wildfire continues to be a threat

to some populations of the Chiricahua dock, its effects are localized.

While grazing, recreation, wildfire, and water diversions can

adversely affect the plant in some areas, recent genetic research (see

``Background'' section) and survey efforts indicate that Rumex

orthoneurus has a much larger distribution than previously thought, and

not all populations are imperiled by the above threats.

Our decision to propose Rumex orthoneurus as a threatened species

was based on the best scientific information available to us at the

time of the proposed rule, and consisted of information from only 10

sites in southeastern Arizona (most with only a few individuals). Rumex

orthoneurus is now known from approximately 144 sites in Arizona and

New Mexico, and at least two sites in the State of Sonora, Mexico,

within the forest reserve ``Sierra de los Ajos.'' Numbers of plants at

sites containing R. orthoneurus range from just a few to tens of

thousands of individuals. In Arizona, on the Coronado National Forest,

R. orthoneurus occurs at 12 sites as natural populations in the

Chiricahua, Pinaleno, and Huachuca mountains. There are four introduced

sites in the Chiricahua mountains, most of which are either stable or

increasing in number. Originally, plants from the White (AZ), Mogollon

(NM), and San Francisco (NM) mountains were thought to be R.

occidentalis. However, recent research indicates that plants in these

mountains are, in fact, R. orthoneurus (see ``Background'' section;

Mount and Logan 1993, Friar et al. 1994, Bellsey and Mount 1995,

Bellsey 1998, in prep.).

On the Apache-Sitgreaves National Forests, Rumex orthoneurus is

located in the White Mountains and along the north side of the Mogollon

Rim. A total of 67 sites, many with thousands of plants, are documented

thus far, and many areas have yet to be surveyed. Current genetic

information, has revealed that four sites in the San Francisco Peaks on

the Coconino National Forest currently support R. orthoneurus. A fifth

site was discovered in Barbershop Canyon (Coconino National Forest), a

site previously surveyed without R. orthoneurus detections (Barbara

Phillips, Coconino National Forest, pers. comm. 1999). Additional

locations are suspected to contain R. orthoneurus, but lack surveys.

Four sites containing natural populations of R. orthoneurus were found

on the Tonto National Forest in the Sierra Ancha Mountains and receive

some protection, and many other sites contain introduced populations in

the south drainage of the Mogollon Rim.

In New Mexico, the presence of Rumex orthoneurus is documented from

recent survey efforts (Bellsey, pers. comm. 1999) on the Carson, Santa

Fe, Lincoln, and Gila National Forests. On the Carson National Forest,

2 days of cursory surveys conducted from a vehicle found seven

locations containing R. orthoneurus. On the Santa Fe National Forest,

R. orthoneurus presence was recorded during approximately 4 days of

surveys for Arizona willow (Salix arizonica). This effort resulted in

the detection of 14 locations, many of which contain tens of thousands

of plants. At the time of the proposed rule, R. orthoneurus was thought

to be extinct on the Lincoln National Forest, but specimens were

recently collected whose morphological characteristics indicate the

plants are R. orthoneurus (Bellsey, pers. comm. 1999). The vast

majority of habitat on these forests still remain unsurveyed.

[[Page 43136]]

Surveys and genetic analysis of R. orthoneurus specimens indicate that

there are 34 sites containing natural populations on the Gila National

Forest.

In contrast to the proposed rule, we are now aware of so many sites

(many with low levels of threats), that despite the threats stated in

the proposed rule, we cannot conclude that Rumex orthoneurus is

threatened throughout all or a significant portion of its range.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Overutilization is not known to be a significant threat at the

present time.

C. Disease or Predation

The primary predation threat to Rumex orthoneurus is from livestock

or wild ungulate grazing due to its high palatability and occurrence in

wetland habitats attractive to herbivores. Permitted grazing occurs at

R. orthoneurus sites in the White Mountains on the Apache-Sitgreaves

National Forests and at sites on the Tonto National Forest. The Gila

Wilderness has not permitted grazing since 1952 (Paul Boucher, Gila

National Forest, pers. comm. 1997), and grazing by cattle has not

occurred since 1947 on R. orthoneurus sites in the Pinaleno Mountains

(Coronado National Forest 1993). Sites on the Coconino and the Apache-

Sitgreaves National Forests are affected by wild ungulates. There is

documentation of both cattle and elk grazing at R. orthoneurus sites in

the Carson and Santa Fe National Forests.

Despite the documented grazing on most of the forests where Rumex

orthoneurus is found, the plant is protected in many areas by

exclosures (barriers to exclude animals), by management efforts, or by

virtue of its location. At the time of the proposed rule, there was

reason to believe that grazing was a much more serious threat to R.

orthoneurus because known sites were fairly small, and the proportion

of sites affected was thought to be high. New information indicates

that there are numerous secure sites with hundreds, thousands, or tens

of thousands of plants. In some cases, sites are considered secure

because population sizes are large, and in others grazing is absent or

of little consequence (i.e., grazing periods are brief or there are few

ungulates). In addition to the information that many sites appear

secure, the proportion of affected sites decreased as we became aware

of more non-threatened sites. These positive developments for the

status of R. orthoneurus lead us to conclude that listing is no longer

warranted.

D. The Inadequacy of Existing Regulatory Mechanisms

Many Federal and State laws and regulations can protect Rumex

orthoneurus and its habitat. However, Federal and state agency

discretion allowed under these laws still permits adverse effects on

listed and rare species. Rumex orthoneurus is not included in either of

the three Appendices of the Convention on International Trade in

Endangered Species of Wild Fauna and Flora (CITES), and it is unlikely

to require the trade protections of CITES.

The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701

et seq.) and National Forest Management Act of 1976 (16 U.S.C. 1600 et

seq.) direct Federal agencies to prepare programmatic-level management

plans to guide long-term resource management decisions. Forest plans

generally include a commitment to maintain viable populations of all

native wildlife, fish and plant species within the Forest's

jurisdiction. However, such general commitments do not, in themselves,

preclude adverse effects to rare species by any National Forest.

The Coronado and Tonto National Forests developed assessments with

management strategies for Rumex orthoneurus in 1993. To date, cattle

grazing is somewhat limited on R. orthoneurus sites in both forests.

The Tonto National Forest has taken extensive measures to keep cattle

and recreation out of riparian areas inhabited by R. orthoneurus. The

Forest has closed roads where vehicles and hikers could impact the

plant, and they have moved gates to redirect traffic to areas not

occupied by R. orthoneurus. Although the Coronado National Forest has a

conservation strategy which has limited livestock grazing, some sites

are grazed by horses, and recreation is still a problem at many sites.

The Apache-Sitgreaves Forests are implementing a monitoring program in

1999 (John Bedell, Apache-Sitgreaves National Forest, in litt. 1999),

and the Carson National Forest has designated funds for additional

surveys in 1999 (Dick Braun, Carson National Forest, pers. comm. 1999).

Management strategies were not developed for sites at other National

Forests or the Ft. Huachuca Army Post.

The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.

Sec. 4321-4370a) requires Federal agencies to consider the

environmental impacts of their actions. The NEPA requires Federal

agencies to describe a proposed action, consider alternatives, identify

and disclose potential environmental impacts of each alternative, and

involve the public in the decision-making process. It does not require

Federal agencies to select the alternative having the least significant

environmental impact. The NEPA does not prohibit a Federal action

agency from choosing an action that will adversely affect listed or

candidate species provided these effects were known and identified in a

NEPA document.

The wetland habitats supporting Rumex orthoneurus have a degree of

protection under section 404 of the Clean Water Act and under Federal

Executive Orders 11988 (Floodplain Management) and 11990 (Protection of

Wetlands). These authorities can only protect R. orthoneurus indirectly

and have not curtailed population decline, extirpation, or habitat

losses for R. orthoneurus in some locations.

Under the Lacey Act (16 U.S.C. 3371 et seq.), as amended in 1982,

it is unlawful for any person to import, export, sell, receive,

acquire, purchase, or engage in interstate or foreign commerce in any

species taken, possessed, or sold in violation of any law, treaty, or

regulation of the United States, any Tribal law, or any law or

regulation of any state. The Lacey Act can provide a degree of

protection to Rumex orthoneurus to the extent that the species is

protected by Arizona State law (described below).

The Arizona Native Plant Law (A.R.S. Chapter 7, Article 1) protects

Rumex orthoneurus as ``highly safeguarded.'' A permit from the Arizona

Department of Agriculture (ADA) must be obtained to legally collect

this species from public or private lands in Arizona. Permits may be

issued for scientific and educational purposes only. It is unlawful to

destroy, dig up, mutilate, collect, cut, harvest, or take any living

``highly safeguarded'' native plant from private, State, or Federal

land without a permit. However, private landowners and Federal and

State agencies may clear land and destroy habitat after giving the ADA

sufficient notice to allow plant salvage. Damage to plants and habitat

occur under the Arizona Native Plant Law.

Despite the potential inadequacies in existing regulatory

mechanisms, we find insufficient evidence that the existing levels of

threats to Rumex orthoneurus warrant its listing as a threatened or

endangered species under the Act. In light of the expanded numbers and

distribution of R. orthoneurus, the potential inadequacies of these

regulatory mechanisms is no longer a significant factor.

[[Page 43137]]

E. Other Natural or Manmade Factors Affecting Its Continued Existence

At the time of the proposed rule, a high proportion of known Rumex

orthoneurus populations occurred as small sites in isolated mountain

ranges. Rumex orthoneurus was thought to be vulnerable to chance

extirpations because of the perceived low numbers of individuals in

mostly scattered, isolated populations.

Any loss of such sites would have resulted in a significant

curtailment of the species' range, and may have affected the species'

ability to sustain itself over time. Wildfire was also thought to pose

a significant threat, as it could be catastrophic to smaller, confined

populations.

We now know that Rumex orthoneurus is well distributed in areas of

Arizona and New Mexico. Many sites where R. orthoneurus is found

contain thousands of plants. The present distribution and abundance of

R. orthoneurus precludes a finding that listing the plant is warranted

because chance, localized extirpations would not necessarily result in

a significant curtailment of the species' range. Additionally, although

wildfire can be detrimental to localized populations, wildfire is

largely an isolated event. For the vast majority of known R.

orthoneurus populations, there is no indication that wildfire is a

significant threat. We find no indication of any other natural or

manmade factors affecting the continued existence of R. orthoneurus.

Finding and Withdrawal

Based on our review and consideration of the best scientific and

commercial information available, we find that Rumex orthoneurus does

not meet the definition of a threatened or endangered species and that

its listing as a threatened species is not warranted. Recent genetic

research (see Background section) and survey efforts indicate that R.

orthoneurus has a much larger distribution than previously thought (see

Factor A of the ``Summary of Factors Affecting the Species'' section),

and not all populations are imperiled. Although mining and logging

activities are suspected of affecting R. orthoneurus, the impacts of

such activities are not widely documented, and wildfire is localized in

its impacts on the plant. We can no longer conclude that R. orthoneurus

is impacted throughout its range by the remaining threats of livestock

and wildlife grazing in a manner that would threaten its continued

existence.

Recognizing the need to ensure the continued existence of Rumex

orthoneurus, the Forest Service established numerous monitoring and

survey programs. Conservation strategies for the Tonto and Coronado

National Forests were in place in 1993. In 1999, the Apache-Sitgreaves

National Forests initiated a monitoring program (John Bedell, Apache-

Sitgreaves National Forests, in litt. 1999), and the Carson National

Forest has budgeted for additional survey efforts (Dick Braun, Carson

National Forest, pers. comm. 1999). Due to the current distribution and

associated level of threats to R. orthoneurus, we find that there is

not substantial evidence to indicate that R. orthoneurus is threatened

under the Act (likely to become endangered within the foreseeable

future throughout all or a significant portion of its range).

References Cited

Bellsey, R. A. 1998. Summary of genetic work performed on Rumex

orthoneurus, the Chiricahua dock. Unpublished report to the National

Forest Service. 16 pp.

Bellsey, R. and D. Mount. 1995. Analysis of Rumex orthoneurus, a

rare species in Arizona, using RAPD markers and polymorphisms in

``rbcL''. In: Maschinski, J., D. H. Hammond, and L. Holter, tech.

Eds. Southwestern rare and endangered plants: proceedings of the

second conference. Gen Tech. Rep. RM-GTR-283. Fort Collins, CO.

Coronado National Forest. 1993. Conservation strategy for Chiricahua

dock (Rumex orthoneurus). U.S. Department of Agriculture, Forest

Service. Tucson, Arizona. 24 pp.

Dawson, J. E. 1979. A biosystematic study of Rumex in Canada and the

United States. Unpublished thesis. Carleton University.

Friar, E., H. Nam, and D. Mount. 1994. Lilium parryi, Rumex

orthoneurus genetic study. University of Arizona, Tucson, Arizona.

16 pp.

Mount, D. and B. Logan. 1993. Genetic analysis of Rumex orthoneurus

and Rumex occidentalis species by the RAPD marker technique.

University of Arizona, Tucson, Arizona. 15 pp.

Phillips, A. M. III, L. T. Green III, and J. Mazzoni. 1980.

Amendment to the status report on Rumex orthoneurus. Unpublished

report to U.S. Department of Interior, Fish and Wildlife Service,

Albuquerque, NM. 15 pp.

Tonto National Forest. 1993. A conservation assessment for Blumer's

dock (Rumex orthoneurus). Unpublished report. U.S. Department of

Agriculture, Forest Service, Phoenix, Arizona. 26 pp.

Author: The primary author of this withdrawal notice is Darrin

Thome, Arizona Ecological Services Field Office (see ADDRESSES

section).

Authority: The authority for this action is section

4(b)(6)(B)(ii) of the Endangered Species Act of 1973, as amended (16

U.S.C. 1531 et seq.).

Dated: July 28, 1999.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 99-20404 Filed 8-6-99; 8:45 am]

BILLING CODE 4310-55-P